아동ㆍ청소년의성보호에관한법률위반(강간)
The judgment of the court below is reversed.
The punishment of the accused shall be three years of imprisonment.
except that from the date of this judgment.
1. The summary of the grounds for appeal (five years of imprisonment) by the lower court is too unreasonable.
2. The Defendant raped the victim, who was a juvenile under approximately 15 years of age, who was the first time on the day of the instant case, with the friendship of the birth in the private village.
Since the nature of the crime is very bad in light of the victim's age, the circumstances of the crime, etc., it is necessary to punish the defendant strictly.
However, in full view of the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the punishment imposed by the court below against the defendant is too unreasonable, in light of the following: (a) the defendant committed the crime of this case in the state of drinking together with the victim's daily behavior; (b) the defendant appears to have committed the crime of this case in a somewhat contingent and contingent manner; (c) the degree of the type of force used by the victim is relatively somewhat somewhat somewhat somewhat somewhat minor; and (d) the victim's wife was in consultation with the victim; and (e) the defendant's primary offender who has no criminal power; and (e) other factors of sentencing as shown in the records and arguments of this case, including the defendant's age, character and behavior
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 is ruled again after pleading.
[C] The Criminal facts and the summary of evidence recognized by this court are identical to the facts stated in each corresponding column of the judgment of the court below, except for the alteration of the "part of the defendant's statement" as the "statement in this court" of the judgment of the court below to the "statement in this court". Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 7 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which prescribes the relevant criminal facts and the punishment;
1. Discretionary mitigation of factors is stipulated under Articles 53 and 55(1)3 of the Criminal Act (the favorable circumstances in determining the grounds for appeal).