유사강간등
The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
except that this judgment.
1. The lower court dismissed the public prosecution and sentenced the remainder of the charges on the grounds that the victim expressed his/her intent not to be punished after instituting the instant public prosecution regarding intimidation among the facts charged in the instant case.
Since the defendant appealed from the judgment of the court below as to the guilty portion, and since the prosecutor did not appeal the dismissal portion of the public prosecution among the judgment below, the part of the judgment of the court below which dismissed the public prosecution is separated and confirmed as it is, only
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor and eight months, and 120 hours to complete a sexual assault treatment program) of the lower court is too unreasonable.
3. The crime of this case is highly likely to be subject to criticism because the defendant committed the crime of similar rape by suppressing resistance against the victim who wants to interrupt the internal relationship with him by intimidation.
Accordingly, the victim seems to have suffered a considerable sexual humiliation and mental suffering.
However, when the defendant is in a trial, he/she confessions the crime and reflects his/her depth, and he/she has no record of punishment for the same kind of crime or the suspension of execution.
In the lower court, the victim submitted a written application for no punishment to the effect that he/she did not want the second defendant's punishment again in the trial, along with compensation for the victim.
In addition, in full view of the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions revealed in the proceedings of this case, such as the circumstances after the crime, etc., the sentence of the court below is considered unfair.
The defendant's assertion of unfair sentencing is justified.
4. As the appeal by the defendant is well-grounded, the guilty part of the judgment below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered after pleading.
Re-written reasons for the judgment: