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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that this judgment.
Reasons
1. The main point of the grounds for appeal is that the lower court’s punishment (three years of suspended sentence for two years and six months of imprisonment, two years of probation, one hundred and twenty hours of community service order, and forty hours of an order to attend a sexual assault therapy) is too unreasonable.
2. The judgment of probation and community service order are not a punishment, but a security disposition. In particular, probation is not a punishment on past illegal acts, but a combined measure to protect offenders from future danger and defend society. The characteristic of a person subject to probation, the content and type of a crime committed by him/her, etc., are specifically and individually considered, and thus, have the institutional significance to prevent crimes from being committed through the improvement of his/her edification and to prevent recidivism.
(See Supreme Court Decision 2010Do6403 Decided September 30, 2010; Supreme Court Decision 2006Do4741 Decided September 8, 2006). As to the instant case, the health unit and the Defendant were in de facto marital relationship with the victim, even though they were in de facto marital relationship with the victim.
Even if the victim tried to rape against the explicit will of the victim and suffered the wound of the victim, and the circumstances such as the knife, which is a dangerous object in the dispute, have been recognized.
However, although the defendant did not report a marriage with the victim, he was married regularly, had a conflict between the victim and his children due to economic problems, etc., and was in conflict with the crime, which led to the attempted rape, and the degree of injury is relatively minor, the victim does not have any criminal record of the same criminal record or suspended execution, the victim does not want to be punished by the defendant, and the victim wanted to be punished by agreement with the victim, the victim's wife is against and against the victim's child, and the child is being detained at the time of the crime, and the child care.