성폭력범죄의처벌등에관한특례법위반(강간등치상)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the maximum of three years of imprisonment and the short of two years and six months) is too unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, in light of the following: (a) the Defendant prepared to commit the instant crime with a deadly weapon, by compulsion of the victim from the toilets of the frequent building with frequent traffic of people; (b) the nature of the crime was very poor due to the indecent act by force against the victim; (c) the crime was committed with a sexual awareness distorted to resolve sexual desire against women entering the toilet; (d) the crime was planned and has a high possibility of criticism due to a large amount of crime; and (e) the victim suffered a huge sexual humiliation and mental suffering from a large toilet.
On the other hand, it is favorable to the defendant, such as the fact that the defendant has recognized the whole of mistake and is in depth against the defendant, that the defendant voluntarily left the school because he was unable to adapt well to school life and left the school, and committed a littlely ambiguous crime in the public toilet of the building at low level in the emotional unstable situation while preparing the examination announcement, that the degree of indecent act or the degree of injury suffered by the victim is not much serious, that the defendant is a minor under 18 years of age, that there is no criminal power, that the defendant's parents have been making use of force for fostering and edification of the defendant, and that the defendant does not want the punishment of the defendant.
In addition, various conditions of sentencing, such as the Defendant’s age, criminal record, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, and the sentencing criteria and the sentencing criteria of the Sentencing Committee of the Supreme Court and the criteria of suspended execution are applied to adults aged 19 years old at the time of prosecution. Thus, the sentencing criteria in this case are not applicable.
O. When the result of the sentencing guidelines for sex crimes (determination of types) has occurred, the person who is at least 13 years of age shall be injured or injured.