강간미수
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: The lower court’s imprisonment (one year and six months) is too heavy.
2. The judgment of the Defendant tried to rape the victim when the victim first fell out of the drinking place with the offender.
Considering that the crime of this case appears to have suffered a considerable sense of sexual humiliation and mental shock, it is necessary for the defendant to bear strict liability corresponding to it.
However, the court below's punishment against the defendant is unreasonable in light of equity with the sentencing factors of all similar cases, such as the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., when considering the fact that the defendant led to the confession of the crime and reflects the fact that there is no criminal history including the sex offense, and that the victim did not want the punishment of the defendant when the defendant was tried, the court below's punishment against the defendant is inappropriate.
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.
[Discied reasoning of the judgment below] 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 below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. Articles 300 and 297 of the Criminal Act applicable to the crimes;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the foregoing circumstances shall be taken into consideration in favor of the judgment on the grounds for appeal);
1. Suspension of execution under Article 62 (1) of the Criminal Act (precluding favorable circumstances in determining the grounds for appeal in the preceding part);
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;
1. An order of disclosure, notification and notification; and