준강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (the imprisonment of three years and eight months, and the order to complete a sexual assault treatment program at 80 hours) is too unreasonable.
2. The Defendant, who was in a one-year relationship, was in a one-year relationship.
The crime of this case has been committed by committing the crime of this case by taking advantage of the victim's mental or physical loss, or by taking advantage of the victim's resistance impossible condition while drinking alcohol together with the victim at the residence of the victim (21) who is a friendship of C. The crime of this case is very poor in light of the relationship between the defendant and the victim, the details and method of the crime, etc.
Nevertheless, the Defendant also demanded the victim to have sexual intercourse on the day following the crime, and not only in the investigation agency but also in the trial of the political party, the victimized person committed an act that seems to have consented to the sexual relationship, such as inducing sexual intercourse, such as escaping from his clothes and clothes in front of the Defendant, and not refusing the Defendant’s arm’s length.
The circumstances after the crime are not good, such as asserting that one's mistake has not been properly divided.
A victim who was about 2 years of marriage due to the defendant's crime seems to have suffered a big mental impulse and pain along with a considerable sense of sexual shame. In fact, not only the mental suffering caused by the crime itself, but also the suffering from extreme stress caused by the parent's or her husband's relationship.
Such circumstances are disadvantageous to the defendant.
However, there are favorable circumstances to the defendant that the defendant recognized the crime of this case, that the victim does not want the punishment of the defendant by mutual agreement with the victim after the conclusion of the trial proceedings at the court, and that the defendant has no record of criminal punishment for sexual crimes before the crime of this case.
The above circumstances and the Defendant’s age.