강간
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 three years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal (e.g., both types of punishment) is so unreasonable that the sentencing of the lower court is too inappropriate.
2. The instant crime requires strict punishment against the Defendant in light of the following: (a) the Defendant, who is the motive of the university, was raped by the Defendant under the influence of alcohol, by suppressing the victim’s resistance, and the nature of the crime is not good; and (b) the victim appears to have suffered considerable mental impulse and pain due to the instant crime; and (c) the victim appears to have suffered considerable mental impulse and pain.
However, it is recognized that the court below's punishment is too unreasonable in consideration of the defendant's age, character and environment, motive, means and consequence of the crime, conditions of sentencing as shown in the argument of this case, such as the circumstance after the crime, etc., where it is recognized that the defendant has committed the crime of this case, and the defendant has no record of punishment for the same kind of crime, and there is no record of punishment exceeding the fine. The defendant has agreed with the victim at the time of the trial, and the victim does not want the punishment of the defendant.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the court below is ruled as follows
[Discied reasoning of the judgment below] The criminal facts and the summary of the evidence admitted by the court below are added to the summary of the evidence of the judgment below, and the "1. The defendant's trial statement" is the same as the corresponding column of the judgment below, except for deletion of "the prosecutor's interrogation protocol against the defendant". Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 297 of the Criminal Act applicable to the crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62(1) of the Criminal Act: