강간치상
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (unfair sentencing) asserts that the punishment imposed by the lower court (two years and six months of imprisonment, etc.) is too unreasonable, and the prosecutor asserts that the punishment imposed by the lower court is too uneasible and unfair.
2. The crime of this case is deemed to have inflicted an injury on a victim by drinking the face, etc. in order to rape an employee of a singing singing room at first, and the crime of this case is deemed to be bad in light of the method and content of the crime.
The Defendant, after committing the instant crime, has expressed a desire to female police officers, and is not good in circumstances after committing the instant crime, such as avoiding riot.
As a result of the instant crime, the victim suffered a large sense of sexual humiliation and mental impulse, and the degree of injury suffered by the victim is not easy.
On the other hand, the defendant recognized all of the crimes of this case and reflected, and the victim paid a considerable amount of money to the victim as compensation, and the victim did not want the punishment of the defendant by agreement with the victim.
In addition to the protective disposition against a juvenile against rape in around 1993, the defendant has no criminal record of exceeding a fine, unless he/she has committed the same kind of crime.
The crime of this case was committed in the course of rape and did not have been raped, and the defendant did not drinking, which caused the crime of this case, and the family ties relation that could prevent the recidivism of the defendant in light of the relationship with his father and mother.
In full view of the various sentencing conditions stipulated in Article 51 of the Criminal Act along with these circumstances, the sentence of the lower court is deemed to be too unreasonable.
Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.
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 ruled again after pleading.
Re-use.