성폭력범죄의처벌등에관한특례법위반(강간등상해)
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.
The summary of the grounds for appeal (unfair punishment) of the defendant's defense counsel presented in the appellate brief submitted to the court, argued any misunderstanding of facts and mental or physical disorder, but the above argument was withdrawn during the second trial of the trial.
The punishment sentenced by the court below (five years of imprisonment) is too unreasonable.
The ex officio judgment prosecutor changed the name of the instant crime into “violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Disabilities)” in the “Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Rape)” in the instant facts charged, and applied for changes in the indictment of this case, “In order to avoid attempted crimes, the part of the victim’s bucks, the left part of the buckbucks, the left part of the bucks, and the left part of the bucks. Accordingly, the Defendant attempted to have sexual intercourse with the victim who has a physical disability by force, and was injured by the victim.” Accordingly, the Defendant changed the name of the instant crime into “an attempted to have sexual intercourse with the victim who has a physical disability by force, and attempted to have sexual intercourse with the victim who has a physical disability by force,” and the judgment of the court below became unable to be maintained as it is.
In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal on the ground of ex officio reversal, and the judgment below is ruled as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are limited to the attempted criminal facts of the judgment of the court below, and due to this, the victim's failure to inspect the number of days of treatment on the part of the victim.
By doing so, the defendant tried to have sexual intercourse with the victim who has a physical disability by force, and the victim is limited to attempted sexual intercourse.