강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
The summary of the grounds for appeal of this case is unfair because the sentence of the first instance court is too unreasonable. The crime of this case is raped by the young female at night, which leads the young female at night, and thus, the victim seems to have suffered physical or mental pain from the crime. However, although the defendant was a juvenile under the age of 19 who has no record of crime, he is in depth of his mistake as a juvenile under the age of 19 without any record of crime, and the victim does not want the punishment of the defendant. In full view of all the sentencing conditions in arguments, such as the victim's age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unfair, and thus, the defendant's appeal is accepted, and the judgment below is reversed and the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the arguments are reversed as follows.
Criminal facts
The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, thereby citing it in accordance with Article 369 of the Criminal Procedure Act
Application of Statutes
1. Article 297 of the Criminal Act concerning the crime;
1. Article 2 and Article 60 (2) of the Juvenile Act, Article 55 (1) 3 of the Criminal Act to mitigate juvenile offenses;
1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act;
1. Probation and community service order under Article 62-2 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. Article 47 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”); Article 49 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 50(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the defendant is a child or juvenile under Article 2 subparag.