All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

The punishment sentenced by the court below (three years of imprisonment) is too weak or unreasonable.

Judgment

The fact that the defendant has divided his mistake and reflected his mistake, and that the defendant has no record of criminal punishment heavier than the fine prior to the instant case, etc. are the factors of sentencing favorable to the defendant.

However, it has taken several times such as the victim's sound and chest against the victim's will, regardless of the influence of alcohol, and furthermore, it is very poor to commit the crime.

As a result of the defendant's crime, not only the victim suffered a large physical or mental shock, but also the victim's husband and her children suffered a huge pain due to witnessing the damaged part.

Furthermore, the fact that the defendant has not taken any particular measure for damage compensation up to now, and has not been taken from the victim is also disadvantageous to the defendant.

In addition, even though the driver's license has been revoked due to drinking driving, the Defendant also driven a car with no driver's license.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, circumstances after the crime, and sentencing guidelines prepared by the Sentencing Commission, the lower court’s punishment is too heavy or unreasonable.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.