성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for five years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, three years for disclosure and notification) of the lower court is too unreasonable.
2. The crime of this case is a case in which the defendant committed an indecent act by force by entering the victim's residence, which he had been aware of in a close manner, and the mental suffering suffered by the victim seems to be reasonable, and the victim is strongly demanding the punishment of the defendant, and is disadvantageous to the defendant.
On the other hand, the fact that the degree of indecent act committed by the defendant is not serious, that the defendant has no criminal record of the same kind and has no criminal record of the suspended execution or more, and that the defendant has recognized all of the facts of the crime and has committed a violation in depth and against his mistake, etc. are favorable to the defendant.
In addition, considering the following conditions, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, and the criteria for the suspension of the execution of the Sentencing Committee (in the event that the degree of indecent act is weak as a major reason for pride, there are no criminal records for the same reason for general participation, nor criminal records for the suspension of execution, and social relation is clear, but no reason for negative consideration exists), the sentence imposed by the lower court is somewhat unreasonable.
Therefore, the defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
【Grounds for the new judgment of the court 【The facts constituting the crime and the summary of the evidence recognized by the court 】 The summary of the facts constituting the crime and the evidence are the same as the corresponding part of the judgment of the court below see it as they are in accordance with Article 369 of the
Application of Statutes
1. Relevant Article on criminal facts and the punishment, etc. of sexual crimes subject to the selection of punishment;