성폭력범죄의처벌등에관한특례법위반(강간등치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
The list of seized Samsung Talthos is the total list of seized objects.
1. Summary of grounds for appeal;
A. As to the facts set forth in Article 1 of the judgment of the court below, at the time, the defendant attempted to have the victim while carrying a knife knife, and the victim knife the knife by hand, and the victim knife the knife of the knife, and suspended the crime by himself
Nevertheless, the lower court found the Defendant guilty of the injury caused by indecent act by compulsion. In so doing, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
(2) As to the crime Nos. 1, 3, 4, 5, and 8 of the crime day list Nos. 2 of the decision of the court below, the defendant did not board a vehicle for some victims at the time. Even if the defendant's passenger car was the victim, since he did not commit an indecent act, such as verbal abuse or intimidation against the victim or sexual intercourse with the defendant before the victim, there was no commencement of the commission of the indecent act. However, the court below convicted all of the charges of attempted indecent act against the minor under 13 years of age by deceptive means or force and attempted indecent act against the child or juvenile. Thus, the court below erred by misapprehending the legal principles as to the time of commencement of the commission of each crime, or by misapprehending the legal principles as to the point of commencement of the commission of the crime, which affected the conclusion of the judgment.
B. Although the Defendant was under the influence of liquor at the time of committing a crime under Article 1 of the judgment of the court below, the court below did not take mitigation measures accordingly. The court below erred by misapprehending the facts concerning the Defendant’s mental and physical condition at the time of committing the crime, or by misapprehending the legal principles concerning mental and physical disability, thereby affecting the conclusion of the judgment
C. The five-year imprisonment sentence imposed by the lower court in light of the background or result of the instant crime of unfair sentencing, the Defendant’s family environment, etc. is too unreasonable.
2. Determination
A. Ex officio determination;