준강간미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for a period of three years from the date this judgment becomes final and conclusive.
1. The sentencing of the lower court (the completion of a sexual assault treatment program with 1 year and 6 months and 40 hours of imprisonment) on the gist of the grounds of appeal is too unreasonable.
2. In that the instant crime was committed against a victim who became aware of the instant crime through D, the criminal quality of the Defendant is not good.
However, there are the following circumstances that should be considered in sentencing.
The instant crime was committed in an attempted attempt.
The victim does not want the punishment of the defendant by agreement with the victim for the first time.
The defendant has never committed any sexual crime until now and has never committed any other crime.
Defendant is recognized to commit a crime, and the defendant has committed a mistake in depth through confinement life.
In full view of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s sentencing against the Defendant is deemed unfair due to its lack.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Articles 300, 299, and 297 of the Criminal Act concerning the facts constituting an offense;
1. Article 25 (2) and Article 55 (1) 3 (unauthorized Crime) of the Criminal Act mitigated by law;
1. Article 62 (1) of the Criminal Act on the suspension of execution ( considered favorable circumstances as examined in the judgment on the grounds of the above appeal);
1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;
1. An order to attend a course;