(영문) 광주고등법원 2017.08.10 2017노187 | 리걸엔진

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(영문) 광주고등법원 2017.08.10 2017노187

성폭력범죄의처벌등에관한특례법위반(특수준강간)등

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Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Defendant A and the Prosecutor (in respect of the Defendants), asserted that the sentence of the lower court is too unreasonable because the sentence is too unreasonable, and the Prosecutor asserts that the sentence of the lower court against the Defendants is too unfasible and unfair.

The crime of this case was committed by the Defendants, after inducing the victims to enjoy alcohol, attempted to have sexual intercourse jointly with K and L with the victim who was in an impossible state of resistance. K taken the act of quasi-rape and responded to the act of quasi-rape, which is in bad quality to commit the crime. In addition, the Defendants decided to leave Defendant A only her mother so that the victim may not be able to commit the crime after the joint crime, and Defendant A attempted to commit the crime of quasi-rape against the victim at the same time.

However, the defendants led to the crime of this case, and received a letter from the injured party, the defendants did not have any record of criminal punishment before the crime of this case, and the defendant A paid additional KRW 5 million to the injured party for the recovery of the injured party's damage, etc. in favor of the defendants.

In full view of the aforementioned favorable or unfavorable circumstances, as well as the Defendants’ age, health status, family relation, sex, sex, environment, criminal record, motive and background of the crime, means and method of the crime, and all the sentencing conditions as shown in the instant records and pleadings, it is not deemed unfair to the extent that the sentence imposed by the lower court against the Defendants is too heavy or uneasible.

All Defendant A and the Prosecutor’s arguments that the sentencing of the lower court is unfair are rejected.

2. In light of the various circumstances of the lower court’s decision, such as the prosecutor’s improper decision on the prosecutor’s exemption from disclosure and notification order (for the Defendants, there is no history of sexual assault against the Defendants).

유사 판례

-광주고등법원 2017.08.10 2017노175

-서울중앙지방법원 2017.01.19 2016노4403

-부산고등법원 2016.01.28 2015노737

-광주지방법원 2017.04.13 2017노334

-대전고등법원 2017.03.17 2016노448