성폭력범죄의처벌및피해자보호등에관한법률위반(주거침입강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
For a period of five years, the disclosure of information about the accused.
1. Summary of grounds for appeal;
A. The Defendant, by carrying a dangerous article, did not arrest the victim, and only entered into a sexual relationship under an agreement with the victim.
Nevertheless, the lower court found the Defendant guilty of all the charges of this case by reliance on the statements of the victim without credibility.
B. The sentence of the lower court’s improper sentencing (4 years and six months of imprisonment) is too unreasonable.
2. Determination
A. We examine ex officio prior to the judgment on the grounds for appeal by authority (revision of indictment).
For the first time, a prosecutor has filed an application for changes in the indictment with respect to the violation of the Punishment of Violences, etc. Act (an illegal confinement with a collective deadly weapon, etc.) among the names of the crimes against the defendant. This provision applies to a special confinement. Article 3(1), 2(1)2, and 276(1) of the Punishment of Violences, etc. Act and Article 278 and 276(1) of the Criminal Act changed to Article 278 of the Criminal Act, and Article 276(1) of the Criminal Act, and the subject of the judgment was changed by this court.
On the other hand, this part of the facts charged and the remaining facts charged by the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, and one sentence should be sentenced pursuant to Article 38(1) of the Criminal Act.
Therefore, the judgment of the court below can no longer be maintained.
Despite the above reasons for reversal of authority, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this is examined.
B. In light of the circumstances acknowledged by each evidence duly adopted and investigated, the lower court held that the Defendant, as stated in the facts constituting the crime of the lower judgment, threatened the victim with a knife, which is a dangerous object in the victim’s house, by intrusion upon the victim’s house, and threatened the victim with a knife, which is a dangerous object in the victim’s house, and detained the victim for about six hours by drinking the victim’s head and knife, and sexual intercourse with the victim who is frighted by the above assault and intimidation on one occasion.