강간치상
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for a period of four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant was raped and injured by the victim who was aware of his mind, and the crime of this case was committed by the victim, and the victim was suffering from extreme sexual humiliation and maternity at the time.
On the other hand, the fact that the defendant, while being aware of the occurrence of a male-parent body, appears to have committed a crime by contingently under the influence of alcohol, is presumed to have been committed by the victim with the knowledge of the occurrence of a male-parent body. The fact that the defendant was living in custody for more than 6 months, the defendant is recognized to have erred while living in custody for more than 6 months, the defendant has no criminal power, and the victim does not want punishment against the defendant.
In addition, if the defendant's age, criminal records, character and conduct, environment, family relationship, motive and circumstance of crime, etc. and the result of injury to the defendant's sentencing guidelines of the Sentencing Commission of the Supreme Court has occurred, the defendant's sentencing guidelines of the Sentencing Commission of the Supreme Court shall be subject to the age of 13 or older (general rape) (general rape): The mitigated element of the Sentencing Commission of the Sentencing Commission of the Supreme Court shall be considered to be unfair, taking into account the following factors: The defendant's positive motive of the reduction area of punishment [the scope of recommendation], the mitigation area of punishment [the scope of punishment], the 2 year and June - the 5 year suspended sentence: The affirmative motive of the suspended sentence of the AO: there is no criminal conviction above the previous one, the social relation is clear, contingent crimes, and serious reflects, it is considered that the sentence imposed by the
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.
Criminal facts
(b).