준강간
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for two years;
3. However, for a period of four years from the date this ruling becomes final and conclusive.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the defendant was found guilty and the part of the case for which the request for attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request for attachment order was filed
Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of
2. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.
3. The crime of this case is a case where the defendant raped a victim under the influence of alcohol, and the crime of this case is not minor.
The defendant had already been punished for two times or sexual crimes, but has not been able to do so.
The victim suffered a great mental impulse due to the criminal act of the defendant, and the defendant denied the criminal act, and the refusal to attend the court of the court of the original instance and testified in order to memory.
On the other hand, the defendant committed the crime of this case against the wrongness while intending to commit the crime of this case, and received a letter of suspicion by agreement with the victim.
After drinking with the victim, the Defendant committed a somewhat contingent crime.
The defendant has been living with his parents due to traffic accidents, etc., and the relationship between the mother and the defendant's wife is relatively clear, such as the agreement on behalf of the defendant, when the mother wants to take the defendant's wife against the defendant.
In full view of such circumstances as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, the circumstances constituting the conditions for the sentencing as indicated in the instant records, including the circumstances after the commission of the crime.