성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
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, the period of three years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
2. The crime of this case is deemed to have committed an indecent act by force against a victim after the victim intrudes the victim's residence, and the crime of this case is highly serious, and the victim seems to have suffered considerable physical or mental pain due to the crime of this case is disadvantageous to the defendant.
On the other hand, the fact that there is no history of punishment against the defendant, the defendant appears to have committed the crime of this case in a somewhat contingent and contingent manner under the influence of alcohol, the fact that all of the crimes are recognized, and that the injured person has reached an agreement with the victim, and that the injured person does not want the punishment against the defendant is favorable to the defendant.
In addition, the above circumstances and the Defendant’s age, family environment, the background and consequence of the instant crime, etc., as well as the overall conditions of sentencing as shown in the argument of the instant case, including the circumstances after the instant crime, and the scope of recommended sentences (two years and six to three years of imprisonment) according to the sentencing guidelines set by the Supreme Court’s Sentencing Committee [the scope of recommended] under the general standard of the crime of indecent act by force (13 years or more) and the mitigated area (1 year and six months to three years of imprisonment) (including forced indecent act, such as forced indecent act by blood or intrusion upon residence, etc.) [a person subject to special mitigation] under the mitigated area of mitigation (1 year and six months to three years of imprisonment].
In full view of all the criteria for suspended execution, the sentence imposed by the court below against the defendant is too unfair.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
【Grounds for the Judgment of the Supreme Court】 Facts constituting an offense and summary of evidence recognized by the court, and summary of evidence.