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(영문) 서울고등법원 2014.02.07 2013노3471 (1)
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment below

Part concerning Defendant A and B shall be reversed, respectively.

Defendant

A shall be punished by imprisonment with prison labor for four years, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s respective sentence (five years’ imprisonment, three years’ imprisonment, and four years’ imprisonment) declared by the lower court against the Defendants is excessively unreasonable.

B. Unfair assertion of the period of disclosure order and notification order (defendant A, C) is unfair because the court below sentenced the defendant A to 7 years each and the defendant C to the disclosure order and notification order for each five years each.

2. Determination

A. The Defendant A (hereinafter “Defendant”) committed the instant crime on the assertion of unfair sentencing by Defendant A with his accomplice C and B by changing the victim I, a female juvenile under the age of 17, into four times for 4 hours, and committing a joint rape, joint rape, mouth and resistance. Even if considering the Defendant’s age, the crime was extremely poor in light of the method of the crime and the degree of damage; four times of the crime; the crime was committed outside the country and continued to commit the crime even after being discovered to the surrounding persons; the Defendant and the above accomplice committed the crime against the victim I’s sexual intercourse on several occasions to prevent the crime of sexual assault; the Defendant led the Defendant as a whole and took part in the crime; and the degree of his participation was most severe.

On the other hand, the defendant living in custody recognized his mistake in the first instance and reflects his depth. The defendant graduated from high school despite his parent's divorce and lives in a hotel, restaurant, etc. The victim H of the crime of violation of the Punishment of Violences, etc. Act (joint assault) was not wanting to be punished against the defendant since the investigative agency, and the defendant has reached the judgment of the court, and the above victim want to be punished against the defendant by agreement with the victim I.

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