준강간등
1. The part of the judgment below on the defendant is reversed.
2. The defendant shall be punished by imprisonment for three years;
3.Provided, That this judgment shall not apply.
1. The court below rendered a judgment dismissing the prosecutor’s claim regarding the part of the case against which the defendant was found guilty and the part regarding which the request for the observation order was filed, and as such, there is no benefit of appeal as to the part regarding which the request for the observation order was filed.
Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for protection observation order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of the defendant
2. The decision of the court below on the gist of the reasons for appeal (three years of imprisonment) is too unreasonable.
3. The crime of this case is deemed that the Defendant, who was under the influence of alcohol, committed sexual intercourse with the victim by using the victim’s credit card and calculating accommodation charges on the part of the victim. The crime of this case is not easy for the victim to resist.
As a result, the victim seems to have suffered a big sexual humiliation and mental impulse.
However, the Defendant asserted that the Defendant used credit cards with the consent of the victim at the investigative agency and the lower court, or that the victim was under the influence of alcohol at the time, but was not in the state of resistance, and that he consented to sexual relations, and denied the crime.
On the other hand, the defendant has committed a crime against the defendant's wrongness in the past and late.
The Defendant appears to have committed a crime under the influence of alcohol, and agreed to pay a considerable amount of money to the victim in the trial.
The Defendant seems to be a youth of the 20th century with no criminal history, and if the value of sex is corrected with the instant case, it seems that the Defendant is likely to become a healthy member of this society.
In addition to these circumstances, the character and conduct of the defendant, the environment, and the motive of the crime.