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(영문) 서울고등법원 (춘천) 2016.01.29 2015노246
성폭력범죄의처벌등에관한특례법위반(특수준강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the prosecutor is that the court below’s sentencing (five years of suspended sentence for each of three years) is unfair because it is too unfavorable. However, considering the unfavorable circumstances, such as each of the crimes in this case, in particular, the nature of each of the crimes of sexual assault, etc., the defendants are minors as well as minors until now, and there is no past record of punishment, victims, and most of the victims have reached an agreement with each other, and other favorable circumstances of sentencing as shown in the records, such as the defendants’ age, sex behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the court below’s each sentence is somewhat minor, but this is so, in light of such favorable circumstances as the defendants’ age, sex behavior, environment, motive, means and consequence of the crime.

It is difficult to deem that it was difficult to escape from destruction due to excessive fluence.

Since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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