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(영문) 서울고등법원 2012.12.28 2012노3207
성폭력범죄의처벌등에관한특례법위반(강간등상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the sentence imposed by the lower court on the Defendants (the punishment of imprisonment with prison labor for a maximum of four years, the short of three years, and the order to complete sexual assault treatment programs at least 40 hours) is unreasonable.

2. The fact that the Defendants recognized the Defendants’ commission of the crime and reflected the mistakes; the Defendants are still able to grow up to a sound social person according to the degree of future edification; the Defendants appears to have brought about the instant crime by contingency; the Defendants agreed with the victims and their mother; the Defendants did not want the punishment of the Defendants; and the Defendants’ family members were leading the Defendants’ wife and leading them.

The Defendants were leap with the victim, and Defendant A had a brupt and variableed method of committing the crime by inserting the brush to the part of the victim, etc., and Defendant B took such a brush, etc., and Defendant B took such a brush, etc., and the Defendants committed an injury to the victim in the process, and the victim was still aware of the victim’s her age and was well aware of the fact that the victim was a person vulnerable to the crime, and the victim was the victim’s her age and was well aware. In particular, Defendant A committed an offense by taking advantage of the victim’s trust and the state where the victim was under the influence of the victim. Defendant A committed an indecent act by force after the lapse of 2010, Defendant A was under the influence of being subject to a disposition of suspending the prosecution for indecent act by compulsion, along with her her relatives, and Defendant B was subject to a disposition of suspending indictment for the case of taking money and valuables in 2011.

In addition, the defendants' age, criminal record, character and conduct, environment, family relationship, motive and background of the crime, degree of participation, and circumstances after the crime are various.

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