강간상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for five years from the date this judgment becomes final and conclusive.
1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.
2. The crime of this case, however, seems to require strict punishment in light of the following: (a) the Defendant continued to capture a female-friendly job victim at the time when the Defendant was able to capture the victim while preparing for anesthesias, cryp tapes, strings, strings, strings, etc.; (b) harming the victim’s cellular phone in the process; and (c) the victim’s cellular phone device was damaged not only by the nature of the crime but also by the mental and physical shock experienced by the victim; and (d) it seems that the victim’s mental and physical shock was considerable.
On the other hand, on the other hand, when the defendant was in the trial for the first time, his mistake is recognized, and the victim's mother and the victim's wife are divided in depth, and the victim's mother and the victim's wife were submitted to the court of the trial by agreement and written applications to the effect that they were not punished by the defendant, and the defendant was present in the court by himself, and the defendant did not have any history of criminal punishment that is heavier than fine, sexual crime has no history, sexual crime has no history, support of the defendant's age, character and behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, etc., and other various sentencing conditions specified in the records, such as the defendant's age, character and behavior, environment, the means and consequence of the crime, the circumstances after the crime, etc., are considered to be too unreasonable. Thus, the defendant's assertion of unfair sentencing is justified.
3. Since the defendant's appeal is with merit, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.
Criminal facts
The summary of the facts constituting the offense and the evidence recognized by this court shall be as stated in the corresponding column of the original judgment.