아동ㆍ청소년의성보호에관한법률위반(준강간)
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.
2. The judgment of the court below is unfair by comprehensively taking into account various sentencing factors such as the defendant's age, character and conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., comprehensively taking into account the following factors: (a) the defendant divided his mistake into two parts; (b) the defendant has no record of criminal punishment before the crime of this case; (c) the defendant drinking alcohol together with the victim; (d) the victim committed the crime of this case in a contingent manner; and (e) the victim has prepared and delivered a written agreement to the defendant that he would not raise any objection to the crime of this case; (c) although the victim is punished thereafter, this is due to conflicts arising from the relationship with the female life of the defendant; (d) it is difficult to see that the degree of the type of sexual intercourse exercised by the defendant is relatively weak; (e) the degree of the defendant's ability to commit the crime of this case is relatively weak; and
Therefore, the defendant's argument is justified.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 7 (4) and (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 299 of the Criminal Act concerning criminal facts;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 20
1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. We examine the grounds for appeal under Article 62(1) of the Criminal Act.