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The judgment of the court below is reversed.
The punishment of the accused shall be determined by two years and six months of imprisonment.
For the defendant.
Reasons
1. When the court rendered a judgment on the Defendant’s unfair argument of sentencing, the victim again tried to find the Defendant’s wife against the second accused.
These circumstances are the sentencing factors to be newly considered for the defendant.
In addition, the fact that the defendant agreed with the victim in the investigative agency only with the victim and the victim does not want to use the defendant and punish the defendant, that the defendant is breaking his mistake in depth, that there is no past record of punishment or imprisonment with prison labor imposed on the defendant for sexual crimes, and that the family members of the defendant seek the defendant's preference, etc. shall also be considered for the defendant.
In full view of these circumstances and the various sentencing conditions shown in the records and arguments, the sentencing of the court below is too unfair compared to the responsibility of the defendant, even if all of the sentencing factors of the court below are considered to be disadvantageous to the defendant.
2. The appeal by the defendant is with merit, and the judgment of the court below is reversed, and it is again decided as follows.
[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are cited as it is in accordance with Article 369 of the Criminal Procedure Act, except for the case where "No. 21, 2017, Apr. 24, 2017" was used as "No. 2017, Apr. 21, 201) under Article 4 of the Criminal Procedure Act.
Application of Statutes
1. Articles 301 and 297 of the relevant Criminal Act concerning criminal facts; Article 4(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Article 297 of the Criminal Act (a special rape); Articles 284 and 283(1) of the Criminal Act (a special intimidation) of the Criminal Act; Articles 369(1) and 366 of the Criminal Act; Articles 152 subparag. 1 and 43 of the Road Traffic Act (a non-licensed driving); Articles 148-2(2)3 and 44 of the Road Traffic Act.