강간상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and 80 hours ordered to complete sexual assault therapy) of the lower court against the Defendant is too unreasonable.
2. The crime of this case is highly likely to be criticized because the defendant driving his own car while under the influence of alcohol moved his person to a dial location, and raped the victim, and the victim seems to have suffered considerable physical and mental pain.
However, the defendant has no record of criminal punishment in addition to a fine for a drunk driving, which leads to a confession from an investigative agency, reflects the depth of the crime, and is sentenced to criminal punishment.
The degree of injury of a victim is not much severe.
In light of the fact that the court below agreed with the victim's compensation and the family members of the victim's family do not want the victim's punishment again in the trial, the defendant seems to have received the victim's and his family members with a serious death and tolerance.
In addition, in full view of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions revealed in the proceedings of this case, such as the circumstances after the crime, the sentence of the court below is considered to be too unreasonable.
The defendant's assertion of unfair sentencing is justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is rendered after pleading.
[Discied Reasons for the Judgment] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 301 of the Criminal Act and Articles 301 and 297 of the Criminal Act concerning the crime, the choice of punishment (the point of injury by rape, the choice of limited imprisonment) and the Road Traffic Act.