강간미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. The gist of the grounds for appeal is that the lower court’s punishment (one and half years of imprisonment, and 100 hours of order to complete a sexual assault treatment program) is too unreasonable.
2. The instant crime was committed by the Defendant, who is the president of the Customer, and the victim, who is his employee, and the victim, who is the president of the Customer, led the Defendant to drink by inducing the victim, who was in the F to drink by force, and who was on the body of the victim, was at the chest of the victim who was on the body, and tried to rape by suppressing the resistance.
In light of the background leading up to the crime committed by F, and the method and form of the crime, etc., which led to the crime committed by F, it seems that the victim who was only on the premise of marriage by the Defendant appears to have suffered serious mental suffering, such as the occurrence of misunderstandings with F and the loss of work, etc., which led to the occurrence of misunderstandings with F and the loss of work, due to the crime in this case. On the contrary, it is consistent with the defense that the Defendant was under contact with F from the investigative agency to the court of the court of the court below that there was only contact with the victim to the extent of avoiding the victim under the consent of the victim from the investigative agency to the court of the court
However, when the defendant committed the crime in this case later later later at the court, he violated his wrongness, and the defendant paid 30 million won with a criminal agreement and agreed with the victim, and the victim does not want the punishment against the defendant. The crime in this case is committed in an attempted crime, there is no record of criminal punishment for the same crime, and there is no criminal record exceeding the fine, and the defendant is detained for about 3 months due to the crime in this case, and there is a variety of errors that are favorable to the defendant. In full view of all the sentencing conditions, such as the defendant's age, sex, sex, environment, motive, background, means and consequence of the crime, the circumstances before and after the crime, etc., the sentence of the court below is too excessive.