준강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (a two and half years of imprisonment, and an order to complete a sexual assault treatment program 40 hours) is too unreasonable.
2. The following circumstances acknowledged by the evidence duly admitted by the court below, i.e., the crime of this case was committed by the defendant, which was the first time when the defendant was allowed to sit in company with the main point of view, and when the victim was not aware of it under the influence of alcohol, the crime of this case was committed with sexual intercourse, and the liability for the crime was not absolutely less, and the victim seems to have suffered considerable sexual humiliation and mental impulse at the time of committing the crime of this case. Nevertheless, it is more unfavorable to the defendant that the defendant had consistently committed the crime of this case, rather than putting against the time of the decision of the court below.
However, when considering the fact that the defendant has no history of criminal punishment in the past, and that the defendant has been sentenced to criminal punishment in the trial of the past, the defendant shows the misunderstanding of himself, confessions and reflects against the crime of this case, the victim expresses his intention that he does not want criminal punishment against the defendant, the defendant appears to have committed contingent crimes as the victim does not want criminal punishment against the crime of this case in a planned manner, rather than committing the crime of this case, and the social relation, such as the age, family relation, etc. of the defendant, social relation, such as the defendant's age, family relation, and circumstances after the crime of this case, etc., the sentencing of the
Therefore, the defendant's above assertion is justified.
3. Since 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 appeal by the defendant is again decided as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are "1. The defendant's partial statement" in summary of evidence.