강간미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. The sentence of the lower court (one year and six months of imprisonment, and 80 hours of order to complete a sexual assault treatment program) on the summary of the grounds for appeal is too unreasonable.
2. The Defendant, upon expiration of the period of stay, attempted to engage in sexual intercourse with the victim by assaulting the victim’s neck by drinking her friend on the new wall and drinking her studio while the victim lives together with his her her studio, and her face, even though having been illegally staying in the Republic of Korea.
In light of the fact that the degree of violence used to rape the victim who the defendant refused to commit rape is very serious, the nature of the crime is not good.
It is clear that the victim suffered a huge mental or physical pain due to the defendant's crime, and the defendant denied the above crime in the court below and caused the victim to state the damage in the court.
These points are disadvantageous to the defendant.
On the other hand, the crime of rape in this case was committed with multiple attempts.
In this court, the defendant appeared to have committed the attempted rape of this case, and the defendant committed the attempted rape of this case.
In the court below, the defendant paid a criminal agreement to the victim and expressed his/her intention that the victim does not want the punishment of the defendant.
Defendant has no record of criminal punishment in Korea prior to the instant case.
The defendant was given an opportunity to reflect the defendant's living in prison for a considerable period of time.
When the defendant is released after having been sentenced to imprisonment without prison labor or heavier punishment, he/she shall be subject to compulsory eviction under the Immigration Control Act, and the defendant shall also return to Mongolia and live in good faith while supporting his/her family.
There are many things.
These points are favorable to the defendant.
In addition, in full view of all the sentencing conditions such as the defendant's age, sex, environment, background and motive of the crime, means of crime and result, the situation before and after the crime.