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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment became final and conclusive.
Reasons
1. The sentencing of the court below (two years of imprisonment) is too unreasonable.
2. The crime of this case is found to be a case in which the victim tried to rape the victim who had a breath by drinking alcohol while drinking together with the victim, and tried to get off and rape the victim's breath and panty, and the victim's attempted rape. The crime of this case is breath of the victim's criminal responsibility as an attempted case at the wind that the victim's breath by drinking.
However, the Defendant did not have any history of receiving any specific criminal disposition, and goes against his mind, and there is no evidence to deem that there was any exercise of force against the victim. The Defendant deposited KRW 7 million for the victim, and expressed his intent that the victim would not want the punishment by entering into an agreement with the victim in the first instance, and it appears that social ties are relatively well formed and maintained, such as the fact that the Defendant’s dong residents were working for the Defendant’s preference, and that the crime of this case appears to have occurred very contingent after drinking with the victim. In full view of all other circumstances, the lower court’s sentencing against the Defendant is deemed unfair because it is too unreasonable.
The defendant's assertion of unfair sentencing is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.
Criminal facts
The main judgment of the court below is as follows.
Application of Statutes
1. Article 14 and Article 3(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the elective Punishment, etc. of Sexual Crimes, and Article 319(1) of the Criminal Act;