아동ㆍ청소년의성보호에관한법률위반(강간)
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, for 4 years from the date the judgment of this case became final and conclusive.
The summary of the grounds for appeal (unfair punishment) that the court below sentenced (two years and six months of imprisonment, and completion of sexual assault treatment programs 120 hours) is too unreasonable.
Judgment
The crime of this case is an element of sentencing unfavorable to the defendant, such as the fact that the defendant attempted to rape a woman under the age of 17 who was married at a convenience store, and that the crime is bad in the nature of the crime, and that the victim clearly suffered considerable mental or physical damage due to the crime of this case, etc.
On the other hand, the fact that the confession of the facts charged in the instant case reflects the Defendant’s mistake, that the crime of rape was committed in the attempted crime, that the Defendant did not want the Defendant’s punishment by mutual consent with the victim, that the Defendant did not have any criminal power, that the Defendant is considered to reflect and repent his mistake in depth, and that his father and relatives want the Defendant’s wife, and that it appears that the Defendant’s social ties relation is solid, such as that the Defendant’s father and relatives want the Defendant’s wife.
In addition, the sentencing guidelines for sexual crimes presented by the Sentencing Commission (the decision of types) (the general criteria for the sentencing of sexual crimes) shall be taken into account various sentencing conditions, such as rape/special rape by blood relatives (special rapes who are at the age of 13) - mitigated elements: The court below's decision to dismiss [the scope of recommendations] mitigation area, three to five years [the suspended execution] major reasons - positive (in the event that the resulting result was inflicted on an injury but the basic crime was committed but the attempted crime was committed, the court below's failure to punish) - General participation reasons: positive (the case is obvious social relation) (this case's sentencing guidelines shall not apply only to attempted rapes), Defendant's age, character and conduct, environment, circumstances after the crime of this case, and circumstances after the crime of this case, etc.
The defendant's appeal is justified.