강간
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, the above punishment shall be imposed for three years from the date of the final judgment.
1. The defendant's defense counsel withdraws his assertion of misunderstanding of facts or misunderstanding of legal principles on the second trial date of the trial of the party.
The punishment of the court below (two years of imprisonment, etc.) is too unreasonable.
2. Determination: ① A serious result of the crime of “Rape” occurred; ② A victim and his/her family members seem to have suffered a considerable mental distress due to the crime of this case (in particular, it appears that a considerable mental distress had been inflicted through the attitude of the defendant denying the crime in an investigative agency and the court of original instance) and records of evidence, 87 pages, 35 pages, 65 pages of the trial records, etc. are disadvantageous to the defendant.
Despite the circumstances unfavorable to the Defendant, the lower court seems to be unreasonable.
In particular, there is a significant change in sentencing conditions in the trial.
① After the closing of argument in the trial, the Defendant paid a considerable amount of agreement on the part of the victim, and the victim expressed his/her intent not to punish the Defendant. ② The Defendant recognized all the instant crime in the trial room and divided his/her wrongs; ③ the instant crime was derived from “special personal relationship between the former Defendant and the victim”; ④ the Defendant did not have any criminal punishment for the same or similar crime.
In light of the aforementioned circumstances, the Defendant’s career environment family relationship, motive, background, means and consequence of the crime, the various sentencing conditions indicated in the instant pleadings (including the sentencing data added in the trial), including the circumstances after the crime, etc., the scope of recommendations according to the sentencing guidelines of the Supreme Court Sentencing Committee (one year and six months to three years), and the scope of applicable sentences (one year and six months to fifteen years).
Therefore, the defendant's argument is justified.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is re-written.