강도강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
Sexual assault against the defendant for 120 hours.
1. Summary of grounds for appeal;
A. Under an agreement, the Defendant paid KRW 500,00 to the victim, and received exemption from the amount of money from the victim in the first instance after having a sexual intercourse with the victim, and the victim paid too much amount of money to the victim, and does not rape or force the victim.
B. The sentencing of the lower court (ten years of imprisonment, 120 hours of an order to attend a sexual assault treatment lecture, and 5 years of an order to give public notice) is too unreasonable.
2. Determination on the grounds for appeal
A. As to the assertion of misunderstanding of facts, the Defendant and the defense counsel asserted the same purport as the grounds for appeal in the original judgment, and the lower court rejected this part of the assertion by stating in detail the judgment under the title “judgment on the Defendant and the defense counsel’s assertion”.
Examining the reasoning of the judgment below in light of the records, the judgment of the court below is acceptable, and there is no illegality of misconception of facts as the grounds for appeal.
B. As to the assertion on unfair sentencing, the crime of this case was committed by the Defendant on the grounds that: (a) the Defendant raped the victim who had been in a state of failing to resist by drinking, and takes property deduction; (b) the method of the commission of the crime is very poor and planned; and (c) the Defendant took measures to conceal the crime with intent, such as collecting and escape all relevant evidence immediately after the crime; (d) the Defendant committed the above crime during the period of repeated crime that has not been committed for a period of one year and six months after the expiration of the parole; (b) the victim appears to have suffered a very large mental and physical pain due to the instant crime; and (c) the Defendant did not recover from damage.
Provided, That part of the crime committed by the defendant, such as the fact that the defendant is exempted from water.