준강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. The decision of the court below on the summary of the grounds for appeal (three years of imprisonment and 80 hours of completion of sexual assault treatment programs) is too unreasonable.
2. The crime of this case committed at a convenience store by the Defendant, while drinking alcohol with the victim who was aware of while drinking alcohol, was sexual intercourse with the victim in a situation where the victim was unable to resist by drinking alcohol, was exposed to the victim's threat of the victim as if the victim were to spread a motion picture that was not drinking, and the nature of the crime was bad. The Defendant denied the crime at the investigation stage up to the lower court, resulting in secondary damage to the Defendant, such as the victim's testimony to attend the court of the lower court after having been investigated several times, and the victim testified at the court of the lower court.
However, there are circumstances favorable to the defendant, such as the fact that the defendant has committed a crime in the first instance and submitted several rebuttals, etc., that his mistake has been pened in depth, that the photographed video or photograph has not been distributed actually, that the victim wanted to use the defendant as the defendant, that the defendant has no record of punishment, that the defendant is the first offender who has no record of punishment, and that there is sufficient possibility of future edification and improvement.
As above, all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, family relationship, etc. are imposed upon the defendant detained together with the original judgment, and the defendant has the time to reflect for about four months, and the defendant has the time to reflect on the sentencing guidelines (not less than one year and six months, as seen below), considering the changed circumstances in the trial at the trial, the probation of the execution of imprisonment with prison labor, which added the defendant an order to provide community service, to undergo sexual assault treatment.