강간상해
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, the period of two years from the date this judgment becomes final and conclusive.
The summary of the reasons for appeal is that the sentence imposed by the defendant (one year and six months of imprisonment) is too unreasonable.
The sentence imposed by the court below on the defendant is too uneasible and unfair.
Judgment
In the instant crime, the Defendant attempted to rape for the purpose of rape of the victim, and during that process, assaulted the victim and inflicted bodily or mental harm, such as chromosomes, tensions, etc. which require treatment for about 14 days, with heavy liability for such crime, and the fact that the victim appears to have suffered considerable physical or mental pain due to the instant crime is considered to be disadvantageous to the Defendant.
On the other hand, the following are the circumstances: (a) the Defendant reflects his mistake in depth; (b) the Defendant was in a state of mental or physical weakness due to a mental disorder at the time of committing the instant crime; (c) Rape itself was committed in an attempted crime; (d) the degree of injury suffered by the victim is relatively minor; and (e) the Defendant was in the first instance and the victim did not want the punishment of the Defendant by mutual consent with the victim.
In light of the above circumstances and the defendant's age, sexual conduct, the process and consequence of the crime of this case, the all of the sentencing conditions in this case, including the circumstances after the crime, and the scope of recommended sentences (one year to five years from imprisonment) pursuant to the sentencing guidelines enacted by the Supreme Court Sentencing Committee (the scope of recommended punishment / the scope of one year and three years from March 1), where the result of the bodily injury occurred, / in the area of special mitigation (one year to three years from March 5) (a special mitigation person) (a special mitigation person) [a person] in the area of special mitigation (one year to five years from March 1), but where the basic crime falls short of the basic crime, it is deemed unfair because the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.
Therefore, the defendant's appeal is justified.