강간등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (three years of imprisonment, etc.) is unreasonable.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the first instance sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). (b) The Defendant shows an attitude against the lower court to recognize all of the instant crimes.
The defendant has no record of criminal punishment, and the youth of 20 years of age can improve his/her character and behavior through appropriate edification in the future.
I seem to appear.
The social ties seems to be relatively solid, such as the family and the branch of the defendant's family and the wife of the defendant.
On the other hand, the crime of this case is an indecent act committed by the defendant under the influence of alcohol by force against the victim, and raped the victim in diving, and is not good in light of the course and method of the crime, etc.
The victim seems to have suffered a considerable sense of sexual humiliation as well as mental shock due to the crime of this case committed by the defendant.
In relation to the instant crime, the Defendant did not receive a written suspicion from the victimized person, and the victimized person complained of mental suffering, such as stress disorder, and the victimized person wanted to be punished by the Defendant.
In full view of the following circumstances, the sentence of the lower court cannot be deemed to be excessively unreasonable in light of the following circumstances: (a) the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime; and (b) the circumstances after the crime was committed.
Defendant’s assertion cannot be accepted.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.