준강간등
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.
1. The sentence imposed by the court below on the defendant (such as three years of imprisonment) is too unlimited and unfair.
[The grounds for appeal submitted by the defendant are also stated in the grounds for appeal, but the above argument has been withdrawn at the first trial date of the trial of the court of the first instance, so no separate judgment shall be made in regard thereto.]
2. On the basis of the judgment, each of the crimes of this case committed by the defendant was committed by the defendant, on the grounds as stated in the judgment below, by force by the victim under the influence of alcohol in the restaurant escape room as stated in the judgment below, and by quasi-rape. The crime quality is not less and less in light of the details, means, methods, and result of the crime, the relationship between the defendant and the victim, and each of the crimes of this case committed by the defendant is deemed to have received a lot of mental impulse and sexual humiliation. Nevertheless, even though the defendant refused each of the crimes of this case in the investigation agency and the court of the court of the court of the court below, it is disadvantageous to the defendant.
On the other hand, the defendant made confession of each of the crimes of this case, and made his mistake unfolded in depth.
The fact that the defendant and the victim have made a statement in the first instance, and the victim have reached an agreement and expressed their intention that the victim does not want to punish the defendant, and the defendant is the first offender who had no previous conviction prior to each of the crimes in this case, and the social relationship of the defendant seems clear is favorable to the defendant.
In light of the overall consideration of various sentencing conditions shown in the proceedings of the court below and the party hearing, including the conditions favorable to the defendant, the sentence imposed by the court below is somewhat inappropriate.
Therefore, the defendant's above assertion is justified.
3. Conclusion.