강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal in light of the following facts: (a) the Defendant, as a result of the instant crime, experienced the victim’s unexploitable pain; and (b) the Defendant did not agree with the victim, the sentence imposed by the lower court (one year and six months of imprisonment, two years of suspended execution, etc.) is too uncom
2. The following facts are favorable to the Defendant: (a) the Defendant recognized both the instant crime and committed a crime; (b) there is no history of criminal punishment; and (c) the victim’s public defender made efforts to indicate the crime against the victim by remitting the agreed amount to the Defendant during the investigation process, remitting the account number of the victim sent to the Defendant, and remitting the amount of KRW 4 million to the account number of the victim.
However, after the crime of this case was committed, the victim caused a serious sense of shame to the point of suffering the injury by affixing his own left arms on several occasions, and the defendant was given contact with the victim for a considerable period of time after the crime of this case and did not reach an agreement even though he could have been given the opportunity to agree with the victim. Until now, there have been unfavorable circumstances such as the victim's wish to punish the defendant, and other unfavorable conditions such as the defendant's age, family relation, character and behavior, environment, means and method of the crime, motive and circumstance of the crime, and circumstances after the crime, etc., and the sentencing guidelines of the Sentencing Committee by the Supreme Court, it is determined that the punishment imposed by the court below is somewhat minor.
3. If so, the prosecutor's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
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