준강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the period of three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (the imprisonment of three years and the completion of a sexual assault treatment program 40 hours) is too unreasonable.
2. The crime of this case is deemed to have sexual intercourse with the victim under the influence of alcohol; the victim seems to have suffered a considerable sense of sexual humiliation and mental impulse due to the crime of this case; and the defendant has a record of receiving juvenile protective disposition due to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in 2011 (special quasi-rape) is disadvantageous to the defendant.
In the trial of the party, the fact that the defendant agreed with the victim that the victim does not want the punishment of the defendant, that the defendant recognizes the crime and seriously reflects his/her mistake, and that the defendant has no record of crime except the above juvenile protective disposition, etc., are favorable to the defendant.
In addition to these circumstances, in full view of various factors revealed in the public trial of this case, including the age, sex, career, environment, family relationship, and the background and result of the crime of this case, the sentence of imprisonment sentenced by the court below was unfairly unfair because it was too urgent for the first time in the trial of this case.
I seem to appear.
Defendant’s assertion is with merit.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Article 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decisions 53 and 55 (1) 3, Mar. 1, 19
1. Article 62(1) of the Criminal Act (amended by Presidential Decree No. 1060, Jan. 1, 2001) (hereinafter “Ch. 1”)