성폭력범죄의처벌등에관한특례법위반(강간등치상)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that, for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. In the statement of grounds for appeal of mistake of facts, the Defendant asserted that “the Defendant: (a) committed a crime under paragraph (2) of the Criminal Act (a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by force against relatives)” on April 17, 2018; (b) committed a misunderstanding of the fact that “the Defendant saw the victim as her descendants after the victim’s second hand on April 17, 2018; however, (c) there was no fact that the victim’s chest was solely her
However, as seen below, the prosecutor applied for the amendment of indictment to change this part of the facts charged to the same contents as the defendant's indictment, and this court accepted it, and the defendant led to the confession of the changed facts charged during the sixth trial of the trial of the party.
Therefore, the defendant's ground of appeal concerning the crime No. 2 of the judgment of the court below shall be deemed to have been withdrawn.
[Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Bodily Injury resulting from Rape)] The Defendant attempted to rape a victim, or did not inflict any injury on the victim in the course of rape as stated in this part
No credibility exists, such as the victim's statement about this part of the facts charged is inconsistent.
Nevertheless, the court below found the defendant guilty of this part of the charges by reliance on the statements made by the victim with no credibility. This judgment of the court below is erroneous in misunderstanding of facts.
B. The sentence imposed by the lower court on the grounds of unfair sentencing (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. On the charge of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case, an ex officio determination prosecutor filed an application for changes in the indictment with respect to the following facts charged (the reasons for the judgment in multiple ways) and the subject of the judgment was changed by this court upon permission.