강간치상
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendant (three years of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.
2. The instant crime was committed while the Defendant was able to rape the victim while dividing a conversation with the victim, who is the principal manager, and was inflicted an injury on the victim during the course of the crime, and the nature of the crime was bad, and the victim seems to have suffered a great mental or physical shock and pain due to the instant crime, and suffered a sense of sexual humiliation, etc., are disadvantageous to the Defendant.
However, the circumstances are favorable to the defendant, such as the fact that the defendant is fully aware of the crime of this case, the crime of rape is committed against the attempted crime, the degree of bodily injury suffered by the victim is relatively heavy, the defendant agreed with the victim and the victim did not want the punishment against the defendant, and the defendant does not have any record of criminal punishment for the same crime.
In full view of the above circumstances and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all the sentencing conditions shown in the arguments, such as circumstances after the crime, and the scope of recommended sentencing guidelines for the enactment of the Supreme Court sentencing committee, it is recognized that the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act, and the following is ruled again after pleading
【The reasons for the judgment of multiple times】 The facts constituting the crime and the summary of the evidence recognized by the court, as well as the summary of the evidence, are the same as the stated in each corresponding column of the reasoning of the judgment below, and thus, they shall be quoted in accordance with Article 3
Application of Statutes
1. Article 301 of the Criminal Act and Articles 301 and 301 of the Criminal Act concerning criminal facts;