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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.
Reasons
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (three years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.
2. Examining the various sentencing conditions in the instant case, the crime of this case is an unfavorable circumstance against the Defendant, such as the following: (a) the Defendant was in collusion with the victim under 17 years of age, who was 17 who was under the right time from the beach of the domination season; and (b) was sexual intercourse with the victim by taking advantage of the victim’s state of failing to resist; and (c) the nature and circumstances of the crime are not weak in light of the victim’s age, circumstances of the crime, etc.; and (d) the victim appears to have suffered considerable sexual humiliation and mental suffering due to the instant crime.
However, in light of the fact that the Defendant committed the instant crime when he was in the trial for the first time, and there appears to be a little contingent crime, and that there seems to have been no history of punishment for the instant crime, and in particular, prior to the instant crime, the Defendant did not want the Defendant’s punishment by mutual consent with the victim, taking into account the following factors: (a) the Defendant’s age, character and conduct, environment, family relationship, motive, means and method of the instant crime; and (b) various sentencing conditions as shown in the instant argument, such as the circumstances (such as the source of punishment, serious reflectness, etc.) changed in the trial for the first time; and (c) the scope of the recommended sentence determined in the sentencing guidelines [the scope of punishment for the Defendant], sexual crimes, general standards, rapes (subject to punishment for more than 13 years), and types 1 (general rapes)] are considered, it is unreasonable to have sentenced the Defendant to imprisonment for a period of three years.
Therefore, the defendant's ground of appeal disputing unfair sentencing is with merit.
3. In conclusion, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.