강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault against the defendant for forty hours.
1. The sentencing of the lower court (four years of imprisonment) is too unreasonable due to the inherent nature of the grounds for appeal (defendants.). On the contrary, the above sentencing is unfair because it is too unfasible (the prosecutor). 2. The instant case committed various crimes, such as rape, confinement, and intimidation against the victim (the victim 31 years of age) who intends to complete the abnormal relationship with the Defendant. In light of the specific contents, methods, frequency, and consequences of the crime, it is necessary to impose a serious criminal punishment corresponding to the degree of responsibility on the Defendant.
However, the following circumstances need to be considered in sentencing.
On the other hand, an agreement between the defendant and the victim has been reached, and the victim does not want the punishment of the defendant.
Unlike the judgment of the court below, the defendant has recognized all the crimes in the trial and divided the errors.
The defendant has been sentenced to two times a fine so far and has no record of being sentenced to criminal punishment for violent crimes or sex crimes.
In full view of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s sentencing against the Defendant is deemed unfair due to its lack.
Therefore, the defendant's assertion is reasonable, and the prosecutor's assertion is without merit.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;