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(영문) 광주고등법원 (제주) 2015.12.30 2015노99
준강간등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for three years and for two years and six months, respectively.

(b).

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence of the lower court (the order to complete a sexual assault treatment program with four years and eight hours of imprisonment, the order to complete a sexual assault treatment program with three years and eight hours of imprisonment, and the order to complete a sexual assault treatment program with three years and eight hours of imprisonment) is too unreasonable

2. It is acknowledged that the Defendants, in turn, committed sexual intercourse with the victim, and the nature of the crime is not good.

However, for the first time, all the Defendants agreed with the victim and the victim do not want the punishment of the Defendants, and the victim received the letter from the defendants that "the defendants recognized their mistakes and died in the truth," and the defendants are against the majority of the defendants, so the defendants are not subject to punishment, and the defendant A did not have any criminal record, and the defendant B does not have any criminal record other than fines imposed on the crimes of this case other than those of the crime of this case, such as unlicensed driving and embezzlement, and all the defendants are against the depth of the defendants.

In full view of the aforementioned circumstances and all of the sentencing conditions as seen above, including the Defendants’ age, character and conduct, family environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, the sentence imposed by the lower court against the Defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is justified, and the judgment below is delivered again after pleading.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and thus, it is accepted by Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Articles 299 and 297 of the Criminal Act, Articles 299, 297 and 32(1) of the Criminal Act;

B. Defendant B: Articles 299 and 297 of the Criminal Act are quasi-rape.

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