유사강간등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for one year.
The judgment below
(2).
The lower court dismissed the prosecution on the ground that G had withdrawn the wishing to punish the Defendant after the instant indictment, among the instant facts charged against the Defendant and the person requesting probation order (hereinafter “Defendant”), on the ground that the victim G had expressed his wish to punish the Defendant.
However, the prosecutor did not file an appeal, and only the defendant filed an appeal on the ground of unfair sentencing with respect to the guilty portion. Thus, the dismissal of the above public prosecution is not subject to deliberation and determination by this court beyond the scope of attack and defense between the parties.
Therefore, this Court decides only the guilty part of the judgment below.
Summary of Grounds for Appeal
The sentence of the court below (one year and six months of imprisonment) is too unreasonable.
Judgment
The general criteria for determining the sentencing guidelines on the statement of unfair sentencing [the determination of types] the scope of recommendations on the statement of unfair sentencing [the range of recommendations] shall be the general rape (the first type and the adult similar rape shall be included in the first type and the upper limit and the lower limit of the scope of sentence shall be mitigated to 2/3): - The mitigation element - The victim's intent who does not want punishment on the same repeated crime [the scope of the punishment] may be assessed equally with the person who is the act, and the person who is the act of the same number shall be more severe than the person who is the act of the same number, so the mitigation element shall be considered.
A judgment of one to two years of imprisonment is an unfavorable sentencing factor against the Defendant, for the following reasons: (a) the Defendant committed the instant crime only one year after the completion of the execution of punishment for the same kind of crime; (b) the victim suspended the crime after having expressed his strong intention of refusal; and (c) the victim appears to have suffered a considerable mental and physical shock.
However, the defendant recognizes his mistake and reflects it, and the defendant agrees with the victim.