강간등
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 this judgment becomes final and conclusive.
1. The sentencing of the lower court (the completion of a sexual assault treatment program for 2 years and 40 hours) on the summary of the grounds of appeal is too unreasonable.
2. The Defendant’s act of committing the instant crime is deemed to be the Hague.
The crime of confinement and rape against victims E (the age of 33) is not good.
The damage suffered by the victim due to the crime is not less than that of the victim.
Nevertheless, the Defendant denied the crime at the lower court’s stage and took an attitude that did not reflect the mistake.
However, there are the following circumstances that should be considered in sentencing.
On December 5, 2016, the crime of this case was based on the day between the Defendant and the victim, and the victim was present at the Integrated Center for Victims of Sexual Violence and made the first statement of damage, and the victim did not want the punishment of the defendant. The agreement was submitted around December 14, 2016 and the victim did not want the punishment of the defendant.
The victim was present in the court of the court below and stated that he still has a relationship with the defendant.
The defendant is recognized to commit a crime for the past time, and the defendant is able to repent in depth through confinement life.
In full view of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, the lower court’s sentencing against the Defendant is deemed unfair due to its lack.
Therefore, the defendant's argument is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the judgment below is ruled again after pleading as follows.
[Grounds for the new judgment] Criminal facts and summary of evidence recognized by this court and summary of evidence are different from the judgment of the court below.