준강간
The prosecutor's appeal is dismissed.
1. The sentence imposed by the court below (two years of imprisonment, three years of suspended execution, etc.) against the defendant in the summary of the grounds for appeal is deemed to be too unhued and unfair.
2. The crime of this case is deemed to have sexual intercourse under the influence of liquor by the victim, who is a job partner, and the nature of the crime is not good in light of the circumstances and methods thereof. After the crime of this case, the victim's name after the crime of this case, thought suicide, etc., causing considerable mental impulse to the victim, and the victim failed to reach an agreement with the victim, and the victim strongly wants to punish the defendant is disadvantageous circumstances.
On the other hand, there is room to regard that the Defendant committed the instant crime under the influence of alcohol, and there is a family member to support the Defendant. It is reasonable to consider the fact that the Defendant was the first offender who has no record of criminal punishment, deposited money for the victim, and endeavored to recover from damage.
Considering the above circumstances and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, various conditions of sentencing as shown in the pleadings, such as the circumstances after the commission of the crime, and the standards for the suspension of the establishment of the Supreme Court’s Sentencing Committee, the lower court appears to have determined the sentence in full taking into account the aforementioned circumstances, and thus, it cannot be deemed that the sentence imposed by the lower
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.
(However, the application of the law of the court below
1. Since it is apparent that the part of the order to attend a lecture “before the amendment by Act No. 11556” is a clerical error in the law, it shall be corrected in accordance with Article 25 of the Rules on Criminal Procedure.
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