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(영문) 서울고등법원 2018.09.06 2018노685
성폭력범죄의처벌등에관한특례법위반(특수강간)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for three years.

However, from the date this judgment becomes final and conclusive, every five years.

Reasons

The summary of the grounds for appeal by the court below shall be two and half years of imprisonment with prison labor, three years of suspended execution, and 40 hours of taking lectures to treat sexual assault against the Defendants.

A. Defendant B: Imprisonment with prison labor for a period of two years, probation period of three years, and 40 hours in lectures to treat sexual assault) is too uncomfortable and unfair.

Judgment

The defendants recognize both their crimes and reflects on the fact that the defendants agreed with the victim's side and the victim's side did not want to punish the defendants, the defendants have room for improving character and behavior as a juvenile, the defendants are the primary offenders, and the family members of the defendants are leading the defendants in the trial following the original trial.

However, in light of the following: (a) Defendant A used to have sexual intercourse with the victim on June 4, 2017 and June 5, 2017; (b) Defendant A used to have sexual intercourse with the victim on the part of the latter; (c) Defendant A taken the sexual intercourse of Defendant B and the victim on a cell phone; and (d) Defendant A used the driver’s license altered and altered driver’s license; and (c) the use of the driver’s license for which Defendant A altered and altered the driver’s license, and the nature of the crime is extremely bad; and (i) the victim appears to have suffered a large mental impulse and sexual humiliation due to the crime, the Defendants should be punished for severe punishment.

In addition, considering the various sentencing conditions shown in the pleadings of this case, such as the age, sex, family environment, and criminal record of the Defendants, the sentence imposed by the lower court is too uneasible and unfair, so the prosecutor’s assertion is with merit.

Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following decision is made after pleadings, as the public prosecutor's appeal against the defendants is justified.

【Grounds for the Judgment of the Court】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence thereof.

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