준유사강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for forty hours.
1. The sentence imposed by the court below (one year and six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. The Defendant’s crime of this case committed a similar rape with a victim who lost his mind in front of his residence, depending on the victim’s residence under the influence of alcohol. The Defendant, while committing the instant crime, seems to stop only when reporting the victim’s child entering the house while reporting that the victim’s child entering the house, etc., appears to be disadvantageous to the Defendant.
Meanwhile, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case, committed the crime of this case, committed the crime of this case by drinking alcohol without agreement with the victim, the fact that it seems that the defendant did not have any record of criminal punishment, the fact that there was no record of criminal punishment, the fact that the defendant should support the punishment of the basic life provider and the baby.
In full view of the above circumstances, comprehensively taking into account the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and the Defendant’s age, sex, environment, etc. as shown in the pleadings in the instant case, the sentence imposed by the lower court is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
Criminal facts
The summary of the facts charged and the evidence admitted by the court are the same as the corresponding columns of the judgment 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 the facts constituting an offense;
1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(2)) of the Act on Reduction of Quantities (the circumstances favorable to the defendant among the above paragraph (2)).