준강간
All appeals filed by the defendant and prosecutor are dismissed.
1. The defendant asserts that the court below's punishment (two years of imprisonment, 40 hours of order) against the defendant against the summary of the grounds for appeal is too unreasonable, and the prosecutor asserts that the defendant is too uneasible and unfair.
2. The crime of this case is not likely to be a case where the victim, who is the defendant's wife, has sexual intercourse with another person.
The victim seems to have suffered a huge mental shock from the defendant who was believed in the ordinary sense, due to such a crime.
Nevertheless, the defendant does not receive a letter from the victim.
However, there are circumstances that can be considered favorable to the defendant, such as the fact that the defendant led to the confession of the crime and divided the mistake into depth, the fact that the defendant seems to have committed the crime with the victim and his husband, the fact that three young children after the divorce are raised, the fact that they actively endeavored to reach an agreement with the victim, the fact that there is no other criminal records other than the two times fines, and there is no other criminal records other than the two times fines.
In full view of all the sentencing conditions of the Defendant’s age, family relation, criminal record, character and conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., it cannot be deemed that the above sentence imposed by the court below is too heavy or unreasonable to the extent that it should be destroyed, and thus, the Defendant and the prosecutor’s assertion are without merit.
3. The appeal filed by the Defendant and the prosecutor in conclusion is dismissed on the grounds of merit.