성폭력범죄의처벌등에관한특례법위반(강간등치상)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant is too vague and unfair.
2. The crime of this case is a case where the defendant intrudes on the house of the victim who is aware of his parent and the village of his own, and rapes the victim and inflicts bodily injury, and its nature is not good.
As a result, the victim seems to have undergone considerable mental symptoms such as sexual humiliation, as well as severe mental impulses.
However, the fact that the defendant agreed with the victim in the trial of a party that the victim does not want the punishment of the defendant (for recovery of damage, the defendant deposited KRW 10 million at an investigative agency and at the original trial in order to compensate for the damage, and further deposited KRW 10 million at the trial of the court below, and agreed with the victim by paying the consolation benefits of KRW 10 million at the trial of the party). The defendant recognized all the criminal acts from the investigative agency and submitted several objections to the defendant in depth, and divided the fact that the defendant committed the crime in this case in depth, the defendant committed the crime in this case in a state of mental and physical weakness while drinking alcohol remarkably exceeding the main volume, the physical injury suffered by the victim is minor degree, the circumstance that the defendant's family and the son, etc. should support the defendant's wife and son who are not good in health status, and the defendant's social relationship and support system are relatively favorable to the defendant, and there are no other reasonable grounds for the defendant to be punished for the same kind of crime.
In full view of the following circumstances: (a) the Defendant’s age, family relation, criminal record, sexual intercourse, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is too vague.