준유사강간
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of one year and eight months.
However, for the period of three years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and eight months of imprisonment, etc.) is too unreasonable.
2. The crime of this case committed by the defendant, the representative director of the judgment, by taking advantage of the victim's breathm while under the influence of alcohol, by taking advantage of the victim's breath in a state of resistance, and putting his fingers into the part of the victim and committing similar rape, is not very good, and the victim appears to have received a considerable sexual humiliation and mental impulse due to the crime of this case, and the defendant denied the crime at the court below, and the victim appeared as a witness at the court below and stated again the victim had the experience in sexual crime and stated the victim's experience in sexual crime.
The defendant recognizes the crime in the trial of the party and reflects the mistake in depth, and the victim does not want the punishment of the defendant in agreement with the victim, and the fact that the defendant has been punished by a fine of different kind is favorable to the defendant.
In addition to these circumstances, in full view of various factors revealed in the trial of this case, including the Defendant’s age, sex, career, environment, family relationship, and the background and result of the instant crime, the sentence of imprisonment with prison labor sentenced by the court below was too unfair since it was committed in the appellate trial.
Defendant’s assertion is with merit.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the appeal by the defendant is again decided as follows.
[Grounds for the judgment to be used again] In addition to adding “the defendant’s oral statement” to the summary of criminal facts and evidence, it is identical to each corresponding column of the judgment of the court below. As such, it is cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Articles 299 and 297-2 of the Criminal Act concerning the facts constituting an offense;
1. Articles 53 and 55(1)3 of the Criminal Act (amended by Presidential Decree No. 2010, Jan. 3, 201) (amended by Presidential Decree No. 2010, Jan. 3,