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(영문) 서울고등법원 2015.10.08 2015노2178
준강제추행등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

The summary of the grounds for appeal (e.g., the form of punishment) against the Defendants (e., a fine of 4 million won for each of the defendants A, B, C, and a fine of 2 million won for each of the defendants) is too uneased and unreasonable.

Judgment

In this case, the defendants, who are adults, are still 15 years old, committed an indecent act against the above victim by taking advantage of the fact that the victim H, who is an adult, is unable to resist under the influence of alcohol, and the defendant A taken the chest part of the above victim's chest part. The defendant B, C, and C taken the sexual intercourse part of the victim's 14 years old sexual intercourse with the victim's J., in light of the crime target and method, etc., the crime is not good, and the victim's J is likely to have suffered a considerable sexual humiliation and mental impulse due to the crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes by the defendant B and C.

However, the Defendants recognized their acts and reflects them; the extent of indecent act committed by the Defendants against the victim H is minor; the Defendants deleted the images and photographs taken on the scene of the victim’s resistance; the victim H of the crime of quasi-indecent act by compulsion of the Defendants and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes by Defendants A (C) did not want the Defendants’ punishment by mutual consent with the Defendants; Defendant B and C did not want the punishment of the Defendants; Defendant B did not want to be punished against the said Defendants by mutual consent with the victim JJ of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Cra, etc.) at the trial; the Defendants did not have any criminal power; the Defendants’ family members expressed their desire to edification against the Defendants; and it appears that it appears reasonable to give the Defendants an opportunity to repeat as a member of society through social treatment rather than isolation from society.

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