강간미수등
The judgment of the court below is reversed.
The punishment of the accused shall be determined by two years of imprisonment.
However, from the date this judgment becomes final and conclusive.
1. In determining the Defendant’s assertion of unreasonable sentencing, the Defendant made clear the Defendant’s intent not to have the Defendant use the Defendant and want the Defendant’s punishment by mutual consent with the victim.
This is an element of sentencing to be newly considered for the defendant.
In addition, the fact that the defendant is fully aware of the crime and reflects on the depth of the crime, the rape crime of this case is committed with the attempted attempted crime, there is no history of criminal punishment against the defendant, there is room for improvement of the defendant, and family members want to take the measures, etc., also be considered for the defendant.
In addition to these circumstances, considering the Defendant’s age, character and conduct, career, environment, the background and consequence of the instant crime, and all of the sentencing factors indicated in the records and arguments, such as the circumstances after the instant crime, the sentence imposed by the lower court is excessively unreasonable even considering all of the factors disadvantageous to the Defendant among the various sentencing factors set forth by the lower court.
Defendant’s assertion disputing this is justifiable.
2. The defendant's argument in the grounds of appeal is with merit, and the judgment below is reversed and it is decided as follows.
【Grounds for the Judgment of the Supreme Court which has been written] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and thus, it shall be quoted pursuant to Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 276 (1) of the Criminal Act applicable to the crime, Articles 300 and 297 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on any crime of attempted rape any more severe punishment);
1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;
1. Article 62 (1) of the Criminal Act (Consideration favorable circumstances as seen in the preceding);
1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. An order for disclosure and notification, and