준강간
The defendant's appeal is dismissed.
The decision of the court below on the grounds of appeal (two years of imprisonment) is too unreasonable.
Judgment
The fact that the defendant recognized the crime of this case and is against the defendant, and that the defendant deposited KRW 10 million to the victim in the first instance is favorable to the defendant.
On the other hand, the Defendant’s crime of this case committed sexual intercourse with the victim, who is a student attending the same university department as the Defendant at the same university by drinking alcohol, and is in a state of mental and physical loss in light of the content of the crime, with heavy nature of the crime, the victim seems to have received a considerable sexual humiliation and mental impulse, and the Defendant’s failure to receive a letter from the victim is disadvantageous to the Defendant.
In full view of the above circumstances and the defendant's age, sexual conduct, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court (two to five years) (the scope of the recommended punishment) [the scope of two years and six years and five years] general standards of rape (the scope of the recommended punishment] and the basic area of the first type (two to five years and six years) (the general rape) (the scope of the recommended punishment) (the scope of two years and six years and five years), the lower court appears to have sentenced the defendant to the punishment that deviates from the lower limit of the above recommended sentence scope, and there are no special circumstances that may vary from the above perspective, and thus, it is not determined that the sentence imposed by the lower court is unfair because the sentence imposed by the defendant is too large.
Therefore, the defendant's assertion is without merit.
In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.