강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
except that, for a period of four years from the date this judgment becomes final and conclusive.
The decision of the court below on the grounds of appeal is unfair because the punishment (three years and six months of imprisonment) imposed on the defendant is too unreasonable.
Judgment
Each of the crimes of this case is that each of the crimes of this case was committed by the victim who had a close relationship with the defendant in the local community, lost the mind by using the stroke m, which is a stroke drug, and sexual intercourse with the victim, taking the body of the victim, etc., and the responsibility for the crime is very heavy. Each of the crimes of this case appears to have suffered a considerable sexual humiliation and mental suffering with the victim, and that the defendant damaged the blag card installed on his own vehicle to eliminate evidence in the course of investigation.
On the other hand, the fact that there is no criminal record against the defendant, the defendant recognized all of the crimes of this case, against his mistake, and the fact that the defendant has been compensating for considerable amount of compensation when the defendant was in the first instance, and that the victim does not want the punishment of the defendant by agreement with the victim is favorable to the defendant.
In full view of the above circumstances and the defendant's age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the criteria for the recommended sentence scope and suspension of execution according to the sentencing guidelines set by the Supreme Court sentencing committee, the sentence imposed by the court below against the defendant is unreasonable.
Therefore, the defendant's argument is justified.
Therefore, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is therefore reasonable, and the judgment below is ruled as follows.
【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and thus, the gist of evidence is identical to each of the corresponding columns of the judgment below. Therefore, Article 369 of the Criminal Procedure Act.