준강간
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, for three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. On the first day, the Defendant had sexual intercourse with the victim who had been in a state of her ability to resist with the breath’s breathur and to resist.
As a result, the victim suffered serious physical and mental pain.
However, when the defendant was in the trial, he recognized the crime of this case and divided his mistake, and the victim does not want the punishment of the defendant by mutual consent with the victim.
No criminal defendant shall have a criminal history over a sexual crime or fine.
In addition, in full view of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, all the sentencing conditions as shown in the argument of the case, such as the situation after the crime, and the recommended sentencing guidelines for the enactment of the sentencing guidelines by the Supreme Court, the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Articles 299 and 297 of the Criminal Act applicable to the facts constituting an offense;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the aforementioned paragraph (2));
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. Records of Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be recorded;