강간
The prosecutor's appeal is dismissed.
The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in this case, the punishment imposed by the court below (the imprisonment of one year and six months, the suspension of execution of two years, and the suspension of sexual assault treatment lectures for 40 hours) is too uneasy and unreasonable.
Judgment
Examining the various sentencing conditions of this case, the crime of this case was committed by the Defendant, who had been frightened first at the night, with the victim’s right at the night. In light of the circumstances leading up to the crime, the method of the crime, and the relationship between the Defendant and the victim, etc., the crime of this case is deemed to have been committed, and the victim is deemed to have caused considerable mental shock and sexual humiliation due to the Defendant’s act, and is disadvantageous to the Defendant.
Meanwhile, the circumstances are favorable to the defendant, such as the fact that the defendant was aware of and against the crime of this case, that the victim did not want the punishment of the defendant by paying a considerable amount of money to the victim, that the victim does not want to do so, and that there was no record of the same sex crime and no record of criminal punishment exceeding
As above, comprehensively taking into account all the factors of sentencing, such as whether the defendant was disadvantageous or favorable to the defendant, the age, sex and environment, family relation, motive and background of the crime, method of the crime, and circumstances before and after the crime, etc., as well as all the conditions of sentencing as shown in the theory of changes in the records and arguments of this case, such as the records and changes in the circumstances before and after the crime, in addition, the court below appears to have sentenced the defendant to a suspended sentence of one year and six months in the sentencing guidelines (one year and six months to three years), and even if there are no special circumstances or changes in circumstances that may add the sentence of the court below in the trial, it is acceptable that the sentence of the defendant sentenced by the court below is within the proper scope of punishment in accordance with the criminal liability of the defendant, and it is not recognized that it is unfair because it is too uneas
Therefore, sentencing is unfair.