준강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
except that, for two years from the date this judgment becomes final and conclusive.
1. The punishment sentenced by the court below (three years of imprisonment) shall be too heavy and unfair;
(2) The Defendant and his defense counsel recognized the facts charged on the second trial date of the appellate trial, and withdrawn the assertion of erroneous facts on the second trial date of the appellate trial). 2. The crime of this case is deemed to have sexual intercourse with the victim (the victim in 1998), using the victim (the victim in 198) who became aware of the facts, drinking alcohol together with the victim (the victim in 1998), and used the victim's ability to resist, and the victim's sexual intercourse is not good.
The victim suffered considerable sexual humiliation and mental shock due to the crime of this case.
These circumstances are sentencing materials that are disadvantageous to the defendant.
In the appellate trial, the defendant recognized the facts charged and seriously opposed to it.
The Defendant did not commit the instant crime in a planned manner from the beginning, but appears to have committed the instant crime somewhat dynamic and contingent.
There is no record of criminal punishment against the defendant.
The victim agreed with the victim, and the victim expressed his/her intention not to be punished against the defendant.
(Agreement, etc. submitted on August 19, 2019). These circumstances are sentencing data favorable to the defendant.
In full view of the above circumstances and the scope of recommended sentences according to the sentencing guidelines for the enactment of the Sentencing Commission of the Supreme Court, the sentence of the court below is too unreasonable, considering the following factors: Defendant’s age (198 birth), character and conduct, environment, family relationship, motive and background of the crime, means and consequence, circumstances after the crime (including the period of detention), the statutory punishment for quasi-rape (including imprisonment of not less than three years), the applicable sentencing conditions (including additional sentencing data in the appellate trial) and the sentencing guidelines for the enactment of the Sentencing Commission of the Supreme Court.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered again after pleading.
[The reasons why the judgment was written].