강간등
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, the period of three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an order to complete a sexual assault treatment program for two and half years and eight hours) is excessively unreasonable.
2. In light of the fact that the Defendant raped the first victim in a club and threatened the victim with escape, despite the explicit refusal, not only the Defendant rapeed the victim, but also committed an offense, such as threatening the victim to spread the images containing the face of rape, and thereby threatening the victim. Considering the fact that the victim appears to have suffered from severe mental distress, it is necessary to impose strict liability corresponding to such liability on the Defendant.
However, considering the circumstances favorable to the defendant that the defendant led to a crime in the trial of the party, and made a confession and reflect on the fact that the defendant committed the crime, the degree of tangible force exercised by the victim is relatively not much severe, the first offender who has no record of crime, the victim and the injured party agreed voluntarily with the victim during the trial of the party, and the victim did not want the punishment of the defendant. In addition, considering the defendant's age, career, sex, sexual conduct, environment, motive and background of the crime, circumstances after the crime, etc., the court below's punishment against the defendant is unfair because it is unreasonable.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
[Grounds for the judgment below] The facts constituting an offense and summary of the evidence recognized by the court and the summary of the evidence are as stated in each corresponding column of the judgment below, except for the addition of the "legal statement at the trial of the defendant at the trial of the defendant at the trial of the court of first instance" to the summary of the evidence. Thus, they are cited as it is in accordance with Article 369 of
Application of Statutes
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