강간
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 two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (a punishment of imprisonment with prison labor of three years and a order to complete a sexual assault treatment program of 80 hours) is too unreasonable.
2. The judgment below committed the crime of this case by rapeing the victim in a vehicle parked in a restaurant parking lot after drinking the first day of the instant case with the victim who became aware of through a mobile phone introduction display case. In light of the fact that the victim, who was a marine police officer at the time, fledd from a drinking vehicle, leads the victim to the vehicle again, leading the victim to the vehicle, leading the victim to the crime, and used the victim's trust to the defendant who was a marine police officer at the time of the occurrence of the crime.
Furthermore, the defendant was aware of his duty as a police officer to protect the life, body and property of the people and went to commit the crime of this case.
The defendant's crime of this case seems to have suffered a big mental impulse and pain together with a considerable sense of sexual humiliation.
Such circumstances are disadvantageous to the defendant.
However, when the defendant committed the crime of this case in the first instance court, the defendant recognized his mistake in depth and expressed his intention that the victim does not want the punishment by paying the agreed amount to the victim after the conclusion of the trial proceedings at the court, and that the defendant was the first offender who had no record of committing the crime of this case before the crime of this case, is favorable to the defendant.
In addition, the above circumstances and the defendant's age, sexual conduct, environment, family relationship, relationship between the defendant and the victim, motive and background of the crime, means and result of the crime, etc., all the conditions of sentencing as shown in the argument of the case, and the scope of sentencing guidelines for the enactment of the Supreme Court's sentencing committee [the scope of recommendations] general standards of rape (subject to more than 13 years of age).