강간상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault against the defendant for 80 hours.
1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (five years of imprisonment with prison labor and five years of suspended sentence) is too unhued and unfair.
2. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflecteds his mistake, that the victim was not punished against the defendant, and that the defendant is an initial offender who has no criminal power.
On the other hand, the crime of this case is committed under the unfavorable circumstances against the defendant, such as the following: (a) the victim, who was locked by the defendant, spreads a dynamic image taken at the time of the victim's provoking, or would inflict bodily harm on the victim's body; (b) rapes the victim on six occasions by threateninging the victim; (c) twice the victim suffered bodily harm; (d) each rape was taken; and (e) the victim made the victim take pictures of a shot image or photograph of a shot content over several times; and (e) the victim sent it to the defendant by photographing the shot image or photograph of a shot content over several times; and (e) the crime is very heavy when considering the circumstances, contents, frequency, etc. of the crime; and (e) the victim seems to have
In full view of the above circumstances and the Defendant’s age, character, conduct and environment, motive, means and consequence of the instant crime, all of the sentencing conditions shown in the instant argument, including the circumstances after the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Commission (at least four years of imprisonment), since the sentence imposed by the lower court is deemed to be too uneasible and unfair, the prosecutor’s above assertion is reasonable.
3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by this court and summary of evidence are the same as stated in each corresponding column of the judgment below.