준강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault against the defendant for 80 hours.
1. The summary of the grounds for appeal (unfair sentencing) was in a situation where the victims were unable to resist because of the influence of alcohol on the part of the facts constituting the crime as stated in the judgment of the court below until the second public trial day.
Although it is difficult to see that the defendant's sexual relation should be seen as implied consent to the sexual relation, the defendant's assertion of mistake was explicitly withdrawn at the third trial date.
The punishment sentenced by the court below against the defendant (such as imprisonment for a period of four years and half years, 80 hours and orders to complete sexual assault treatment programs) is too unreasonable.
2. The judgment below committed the crime in this case by taking advantage of the victims' potential to resist due to the influence of alcohol, sexual intercourse with the victim F, taking advantage of the mobile phone camera function while taking advantage of the victim's chest and fluor, etc., and committed the crime in this case by committing attempted sexual intercourse with the victim G. The defendant committed the crime in this case by taking advantage of the following facts: the course and contents of the crime, the method of committing the crime, in particular, the defendant committed a sex crime against two victims at one place; the victim's sexual intercourse was committed; the victim's sexual intercourse continued to commit the crime in this case, even though the victim's sexual intercourse had been observed, and the victim's sexual humiliation has increased rapidly by taking a camera in the course of committing the crime; and the crime is very poor in light of the fact that the victim's sexual humiliation of the victim F was increased.
The victims appear to have suffered a great physical mental impulse and pain with extreme sexual humiliation due to the Defendant’s crime. In fact, the victims complained of not only the Defendant’s crime itself but also mental suffering, such as humiliation, apprehension, fear of fear, etc. caused by the Defendant’s attitude during the investigation and the trial of the court below. In particular, the victim F is unable to lead a daily life normally due to the Defendant’s exposure to the Defendant’s photograph.