강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Sexual assault against the defendant for forty hours.
1. The sentencing of the lower court on the summary of the grounds for appeal (the completion of a sexual assault treatment program for two years, six months, and forty hours) is too unreasonable.
2. The judgment of the Defendant had a sexual intercourse with the victim who had a drinking place, followed the victim’s sexual intercourse, and committed rape against the victim’s will. In light of the specific details, method, and consequence of the instant crime, the Defendant’s crime is very heavy in light of the specific contents of the instant crime, method, and consequence, etc.
In light of the fact that the victim suffered damage that is difficult to recover from the crime, a sentence equivalent to the degree of responsibility is inevitable for the defendant.
However, there are the following circumstances that should be considered in sentencing.
The defendant paid 3 million won to the injured party and agreed with the injured party.
The defendant has no history of criminal punishment until now.
The defendant has been convicted of committing a crime for the past time, and the defendant has committed a mistake.
In full view of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s sentencing against the Defendant is deemed unfair due to its lack.
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 on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure
Application of Statutes
1. Article 297 of the Criminal Act concerning the facts constituting the crime;
1. Articles 53 and 55(1)3 of the Criminal Act (the grounds for the above appeal) of the mitigated amount of punishment