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(영문) 서울고등법원 2013.12.12 2013노2482
성폭력범죄의처벌등에관한특례법위반(특수강간)
Text

All the judgment below is reversed.

Defendant

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

(b).

Reasons

1. Summary of grounds for appeal;

A. In submitting the statement of grounds for appeal, the Defendants asserted that “the Defendants were under the influence of alcohol at the time, but did not recognize it, there was an error of misunderstanding of facts or misunderstanding of legal principles.”

However, the argument of misunderstanding of facts and misunderstanding of legal principles was withdrawn after, and the reason for sentencing was found to have been drunk at the time of sentencing, and thus, the argument of mental and physical disability is deemed not to be the reason for appeal (in light of the background of the crime in this case, the method and content of the crime in question, and the behavior and attitude of the Defendants before and after the crime, etc., it does not seem that the Defendants at the time were in lacking the ability to discern things or make decisions. Considering the fact that the Defendants divided and resisted their mistakes, and the circumstances leading up to the crime in this case, the lower court’s punishment (three years of imprisonment and two years and six months of imprisonment) is too unreasonable.

B. In light of the content of the instant crime committed by the prosecutor and the fact that the victim complained for a severe punishment, the lower court’s punishment is too uneasible and unreasonable.

2. Determination shall be made in light of the circumstances and consequence of the crime committed by the Defendants, such as disregarding the intent of the victims and committing rape in the body of the victims, and not good conditions in terms of the method and consequence of the crime, and the victim seems to have suffered considerable mental impulses due to the crime of this case, and the Defendants acknowledged the crime of this case by committing the crime of this case, and the Defendants committed the crime of this case. The Defendants agreed to pay KRW 120 million to the victims during the trial, the Defendants committed the crime of this case by drinking alcohol, and the Defendants did not have any record of criminal punishment, and the background leading up to the participation in the crime of this case or their rape itself was committed.

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