강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
1. The gist of the grounds for appeal is too unreasonable that the original court’s punishment (one-year imprisonment, etc.) is too unreasonable;
2. The instant crime is deemed to have been raped twice by taking advantage of the vulnerable status of a foreign victim without status of stay, and the nature of the relevant crime is not good, and the victim seems to have suffered a considerable mental pain due to the instant crime.
However, considering the Defendant’s age, character and conduct, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too unreasonable if it is considered that the Defendant’s punishment is too unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and the summary of evidence admitted by this court and the summary of evidence are as stated in the corresponding column of the judgment below, except for adding "the defendant's oral statement" to the summary of evidence in the court below's order, and they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 297 of the Criminal Act concerning facts constituting an offense, the choice of punishment, and Articles 94 subparagraph 9 and 18 (3) of the Immigration Control Act (the occupation of employing foreigners who have no status of stay, and the choice of imprisonment);
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment for concurrent crimes stipulated in Article 1-2 (b) of the Judgment with the largest punishment for rape)
1. The main sentence of Article 62 (1) of the Criminal Act (the consideration of favorable circumstances examined in the preceding);
1. Special cases concerning the punishment, etc. of sexual assault crimes;