준강간미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
2. The crime of this case was committed by the Defendant, which was under the influence of alcohol and attempted to have sexual intercourse with the victim who was unable to resist, and thus, was committed with the attempted crime of this case, and the mental shock and suffering of the victim was very serious. The circumstances unfavorable to the Defendant are as follows.
In the trial of the party, the fact that the defendant compensates the victim for damages and agreed that the victim wants the wife of the defendant, that the defendant did not go further by voluntarily stopping the crime, that the victim's husband was reported by telephone 112, that the defendant caused the crime of this case by contingency under the influence of alcohol, that the defendant did not have a criminal record, that the defendant did not have a criminal record, and that the defendant reflects the defendant's fault in depth, etc. are favorable to the defendant.
In full view of the above points and the defendant's age, character and conduct, environment, family relationship, motive, method, and consequence of the crime, the punishment imposed by the court below is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is the same as the corresponding column of the original judgment, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 300, 299, and 297 of the Criminal Act applicable to the facts constituting an offense;
1. Articles 26 and 55 (1) 3 of the Criminal Act for attempted suspension and mitigation;
1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;
1. Article 62 (1) of the Criminal Act;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. An order to disclose a determination concerning an order of disclosure and notification.