준강간
All appeals by the defendant and the prosecutor are dismissed.
1. The gist of the grounds for appeal asserts that the defendant's punishment imposed by the court below (two years of suspended sentence, four years of suspended sentence, and 80 hours of order to attend the course) is too unreasonable, and that the prosecutor is too unfasible and unfair, and the prosecutor claims that the defendant's exemption from the disclosure and notification order against the defendant is also unfair.
2. Determination
A. The crime of this case is not likely to be a case of sexual intercourse with the defendant using the fact that the victim, who is a workplace, was under the influence of alcohol after the workplace ceremony, had sexual intercourse.
On the other hand, there are circumstances that can be considered favorable to the defendant, such as the fact that the defendant has divided the defendant's mistake in depth, that the victim did not want the punishment of the defendant by mutual consent with the victim in the original trial, that the defendant does not have any past record of criminal punishment in addition to the punishment of the kind of fine once.
In full view of all the sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, family relation, criminal record, sexual intercourse, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be excessively heavy, or to be unfair because it is excessively unfasible. Therefore, this part of the allegation by the Defendant and the Prosecutor is without merit.
B. In full view of various circumstances, such as the Defendant’s age, social relation, criminal record, and risk of recidivism, circumstances leading to the instant crime and the details of the instant crime, and the degree of disadvantage and expected side effects of the Defendant due to the instant disclosure and notification order, and the comparative balancing between the effect of the Defendant’s sexual crime prevention and expected interests, the Defendant’s personal information may not be disclosed and notified.