beta
Text
All the judgment below is reversed.
Defendant
Imprisonment with prison labor for A, B, and C, for a long term of two years, for a short term of one year and six months, and for defendant D.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to the above Defendants A, C, and D is too unreasonable.
B. Defendant B (1) misunderstanding the facts and misunderstanding the legal principles, the above Defendant did not have any quasi-rape (the above Defendant asserted that there was no quasi-rape by combining the above victim, but the lower court found the above Defendant guilty of the sole crime of juvenile quasi-rape, and thus does not separately determine this part). Nevertheless, the lower court did not make a statement by the victimized person, and the Defendant committed a crime at a place where the victimized person did not memory.
Recognizing that it infringes on the defendant's right of defense.
2) The sentence sentenced by the lower court is too unreasonable.
2. Determination
A. The above Defendant A repeatedly committed a crime of quasi-rape-rapeing under the Act on the Punishment, etc. of Quasi-rape-rapeing, when the victims, who are juveniles, drink and drink in a her motherel, fall into an impossible state of resistance. In particular, Defendant A committed a leap in collaboration with Defendant C with the victim N, and the victims suffered serious mental shock and pain due to the above Defendant’s crime, etc. are disadvantageous to the above Defendant.
The above defendants are juveniles of 18 years of age, and the above defendants are recognized as all of the crimes of this case when they were in the first instance, and they were against the above defendants, and they were in the first instance, and they agreed with Qu only to the victim Q. When they were in the first instance, they deposited KRW 20 million to the victim N, and the fact that there is no record of criminal punishment except for one juvenile protective disposition taken once due to special larceny.
In full view of the above circumstances and the defendant’s character, conduct, family relations, environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable.
The above defendant-appellant.