간음약취등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment and forty hours of sexual assault treatment programs) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. Each of the instant crimes is an indecent act committed by the Defendant against the victim, who was frightened on the way to resist due to the intoxication of alcohol, and thus, was kidnapped to have sexual intercourse.
Not only the Defendant committed a crime against a female victim who has no common sense but also committed a crime, but also the nature of the crime is not good due to very interview and danger of the crime. The victim appears to have received a considerable sexual humiliation and mental shock along with the instant crime. Nevertheless, the Defendant did not receive a letter from the injured party, the victim wanted to be punished, and the Defendant was punished by a fine for a violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims thereof on October 12, 2009.
However, the circumstances are favorable to the defendant, such as the fact that the defendant recognizes all of his criminal acts and reflects the wrong, that there is no history of punishment exceeding the fine for the defendant, that the criminal records of the defendant were committed for eight years prior to the same criminal records, and that the exercise of force against the victim and the degree of his/her criminal conduct are relatively excessive.
If there is no change in the conditions of sentencing compared to the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
Therefore, the court below's decision is the first instance court's decision on July 23, 2015 (see Supreme Court Decision 2015Do3260, Jul. 23, 2015) and, in consideration of various sentencing conditions shown in the argument of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the court below's decision is the first instance court.