준강간
The judgment below
The remainder, other than the dismissed part of the application for compensation, shall be reversed.
The defendant shall be punished by imprisonment.
1. The court below rejected the application for compensation by the applicant for compensation, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Thus, the part dismissing the application for compensation is immediately determined and excluded from the scope of the judgment of the court.
2. On the basis of the court’s determination of the unfair argument of sentencing, the Defendant recognized the entire crime and expressed the appearance of reflecting one’s mistake, and made clear the intent of the victimized person to have the Defendant use the Defendant and not wanting to have the Defendant punished by mutual agreement with the victim.
This is an element of sentencing to be newly considered for the defendant.
In addition, the fact that there is no criminal history against a defendant, and that there seems to be a relatively obvious social relation as the person wanting to take the measures against a defendant, is also considered favorable to a defendant.
In addition to these circumstances, considering the Defendant’s age, sex, career, environment, the background and consequence of the instant crime, and all of the sentencing factors indicated in the instant records and arguments, such as the circumstances after the instant crime, the sentence imposed by the lower court is excessively unreasonable even considering all of the factors of sentencing, among the various sentencing factors set forth by the lower court.
3. The judgment of the court below is reversed on the grounds that the defendant's appeal is justified, and it is so decided as follows.
[Grounds for a new judgment] Criminal facts and summary of evidence recognized by this court are cited in accordance with Article 369 of the Criminal Procedure Act, except that the phrase “1. Part of the Defendant’s legal statement” in the summary of evidence is “1. Defendant’s legal statement” as the same as the corresponding column of the judgment of the court below.
Application of Statutes
1. Articles 299 and 297 of the Criminal Act concerning the facts constituting the crime;
1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount (the grounds for appeal)