유사강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is that the sentence of the lower court (two years of imprisonment, and 40 hours of order to complete sexual assault treatment programs) is too unreasonable.
2. The instant crime is highly likely to be subject to criticism by exercising violence against the victim who was under the influence of alcohol by the Defendant.
As a result, the victim suffered a considerable mental suffering along with a sense of sexual humiliation.
However, the defendant confessions a crime and is in profoundly against himself.
There is no record that the defendant was punished for the same crime, and there is no record that the defendant was sentenced to a suspended sentence or heavier punishment.
In the trial of the party, the victim agreed with the compensation for the victim, and the victim expressed his/her intention not to want the punishment of the defendant.
In addition, considering the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, various conditions of sentencing revealed in the proceedings in this case, and the range of recommended sentences for the establishment of the Supreme Court sentencing committee (one year to two years) (the type of imprisonment), which are general criteria for sexual crimes / [Determination in the sphere of recommendation] types 1 (general rape) [Determination in the sphere of recommendation] mitigation area (special mitigation element: Non-compliance element of punishment] / imprisonment year to 1 year (the scope of recommended punishment is included in the category 1, but the upper limit and lower limit of the scope of sentence are reduced to 2/3) and 2 years (the scope of adult similar rape shall be included in the category 1, and the upper limit and lower limit of the scope of sentence shall be reduced to 2/3).
The defendant's argument of sentencing is justified.
3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered after pleading.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the relevant column of the judgment below, and thus, it is acceptable to accept it in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;