준강간등
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the punishment (three years of imprisonment and five years of suspended execution) imposed by the lower court on the Defendant and the claimant for the observation and order of protection (hereinafter “Defendant”) is too uneasible and unreasonable.
2. Determination
A. The crime of this case against the part of the defendant was committed by the family court on the ground of domestic violence by the defendant quasi-rapeing the victim who was living in his or her place of stay, and taking pictures of the victim's body pictures and rapes during the process, and transmitting them to his or her his or her his or her father and male son, which is very poor in light of the method and content of the crime.
The victim suffered a considerable sense of sexual humiliation and mental suffering due to the above crimes by the defendant, and it seems that he/she has suffered a lot of shock and remaining birth of the victim.
On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant recognizes all crimes and reflects his mistake in depth, that the defendant was punished for the same kind of crime or has no record of being sentenced to a fine, that the victim was divorced from the defendant in the case of applying for divorce and the case of applying for the designation of a person with parental authority (Seoul Court 2018pp. 1334) brought against the defendant after the occurrence of the instant case, that the victim expressed his intention not to punish the defendant, that the defendant submitted the protocol of mediation to the court below for submission of the protocol of mediation to the court below in lieu of the victim's expression of non-original intent to punish the victim, and that the defendant submitted the protocol of mediation to the court below, and that the defendant has made efforts to faithfully implement the agreed matters in the above mediation procedure, such as remitting the victim
In addition to these circumstances, the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.