준강간
The defendant's appeal is dismissed.
1. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.
2. The judgment of the court below is recognized as favorable sentencing factors or objective and neutral sentencing factors, such as the fact that the defendant has committed a crime since the court below since it was judged in depth, that the defendant has not been judged in the degree of mental disorder but appears to have committed a contingent and impulse crime while under the influence of alcohol, that the defendant has no record of having been sentenced to the same criminal conviction or punishment, and that he reported a marriage with K on December 9, 2014.
However, the crime of this case, which is recognized by evidence, evidence law and legal principles (the elements of the crime, such as intention, etc., are recognized), is found to be a disadvantageous sentencing factor or objective sentencing factor, such as the fact that the defendant was sentenced to the imprisonment of 8 years for the suspension of execution on September 17, 2013, and the above sentence became final and conclusive on the 25th day of the same month and is still under suspension of execution, and without care, and the fact that the victim was sexually and mentally ill, and the crime of this case was not guilty. The victim appears to have suffered physical and mental pain and suffering from the crime of this case. However, it is also recognized that the crime of this case was committed under the influence of alcohol and was committed under the suspension of execution.
In full view of the aforementioned factors of sentencing, the statutory punishment for the crime of quasi-rape in this case (limited to imprisonment of not less than three years), the range of recommending punishment for the sentencing guidelines (two to five years), and the imprisonment of not less than one year and six months chosen by the lower court, which deviate from the lower limit of the above recommended punishment, and the Defendant’s age, character and conduct, intelligence and environment, intelligence and environment, criminal records, motive and circumstance leading to the instant crime, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be harsh.