Text
The judgment of the court below is reversed.
Defendants shall be punished by imprisonment for a maximum term of two years and by a short term of one year and six months.
Each of the defendants is divided against the defendants.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, for a maximum of two years and six months, and for a short of two years) sentenced by the lower court to the Defendants is unreasonable.
2. The instant crime committed by the Defendants is highly likely to be subject to criticism due to the Defendants’ rapes against the drunk victims in sequence.
Due to the instant case, the victims and the parents of the victims appear to have suffered a considerable mental suffering, and the parents of the victims expressed their intent not to persuade the Defendants.
Meanwhile, there are also circumstances such as: (a) the Defendants’ misunderstandings in depth; (b) the Defendants are minors, whose sexual sense or values have not yet been mature; (c) the Defendants did not have any criminal power; and (d) appears to have engaged in school life in a relatively faithful manner before the instant crime was committed; (b) the Defendants’ parents have been able to use the Defendants’ guidance and discipline; (c) the Defendants’ parents deposited total amount of KRW 30 million for the recovery of the victims’ damage; and (d) the Defendants’ figures want to have their preference against the Defendants.
In addition, in full view of the various conditions of sentencing, including the age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, the sentence imposed by the court below against the defendants is somewhat inappropriate.
Therefore, the Defendants’ assertion of unreasonable sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is with merit, and the judgment below is ruled as follows.
【Grounds for the new judgment of the court 【The facts constituting the crime and the summary of the evidence recognized by the court 】 The summary of the facts constituting the crime and the evidence are the same as the corresponding part of the judgment of the court below see it as they are in accordance with Article 369
Application of Statutes
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;