강간미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is that the sentence imposed by the lower court on the Defendant (an order of imprisonment of two years and six months, the suspension of execution of three years, the observation of protection, and an order of attendance for treatment of sexual assault for 80 hours) is too uneased and unreasonable.
2. The judgment of the defendant fully recognizes the crimes of this case; the defendant voluntarily discontinued and attempted to commit a crime by causing the victim's tobacco during the rape crime of this case; and the defendant has no record of criminal punishment for a sexual crime before the crime of this case is committed in favor of the defendant.
However, while the defendant was in de facto marital relationship with the victim's refusal of the victim's request and repeating the victim's resistance on several occasions, he attempted to engage in sexual intercourse, and attempted to engage in the crime of this case by drinking under the state of drinking at 0.103% of alcohol concentration during blood. The crime of attempted rape is not only good, but also driving a motor vehicle under the state of drinking with a relatively high blood concentration.
Defendant around February 2016, 2016: (a) around February 201, the victim was the Hague.
Since then, the victim's refusal to leave from the victim's residence was subject to suspension of indictment on March 30, 2016, and was subject to family protective disposition on May 23, 2016, when committing a special assault, etc. against the victim, and was subject to punishment on the charge of larceny against the telephone carrier owned by the victim. On July 20, 2016, the victim committed the crime of attempted rape of this case against the victim.
In addition to the existing physical diseases (liverization), the victim is in a state of need of mental and medical treatment by showing symptoms such as uneasiness, depression, etc. due to psychological and emotional instabilitys by the defendant, and it is impossible to lead a normal life due to continuous harassment, fear of retaliation, etc. by the defendant up to the time of the trial.