준유사강간
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for one year, two years of suspended execution, and forty hours of education) is too unreasonable;
2. The judgment of this case is a similar rape of the victim who is under the influence of alcohol by the defendant in the sloping or the surface of the water, and the nature of the crime is bad, but at the time, the defendant seems to have caused the crime of this case by drinking and contingent, the defendant's family and relatives, etc. are clearly divided in depth, and thus, the social and family relation of the defendant is clear; the victim is not punished by agreement with the victim; the victim is not subject to punishment; the defendant is the first offender; the defendant is the first offender; the defendant is at risk of losing the defendant's workplace where the defendant is under the suspension of execution or higher punishment; considering the above circumstances, it seems that this is harsh to the defendant considering various sentencing conditions such as the defendant's age, character and behavior, environment, circumstances of the crime of this case, and circumstances after the crime of this case.
3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded, and the following decision is rendered after pleading.
Criminal facts
The summary of facts and evidence recognized by this court is the same as that stated in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning criminal facts;
1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation ( considered as above in light of the above circumstances in light of the reason for reversal);
1. One year of imprisonment to be suspended;
1. Article 59 (1) of the Criminal Act of the Suspension of Sentence (this provision shall be repeatedly considered for the reason of reversal);
1. Any order to disclose or notify personal information exempted from disclosure or notification orders shall be issued against children or juveniles;