Text
The judgment of the court below is reversed.
The sentence against the accused shall be determined by one year and six months of imprisonment.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The punishment (two years of imprisonment and 40 hours of order to complete sexual assault treatment programs) imposed by the court below against the defendant is too unreasonable.
(A) The defendant argued that there was a mistake of facts and misapprehension of legal principles in the initial statement of grounds of appeal, but withdrawn this part of his claim on the second date.
The punishment sentenced by the court below is too uneasible and unfair.
2. Around 05:00 on the same day, the prosecutor conducted ex officio determination in this court, "the defendant laid the victim into the Embel hode room in Ansan-si, A, under the influence of alcohol, her fingers into the victim's inner part, and her chests off and her fingers down into the victim's sound part and the part, and her fingers. Accordingly, the defendant committed similar rape by taking advantage of the victim's mental disorder or non-performance of her ability to resist." "The defendant, at around 05:0 on the same day, she laid the victim into the Embur care room in Ansan-si, Ansan-si, A, from 12:00 on the same day to 13:0 on the same day, the defendant was unable to change the victim's chests into the victim's inner part, and the defendant was found to have been unable to do so by taking advantage of the victim's mental disorder's condition and was found to have been able to have been changed by the court."
4. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for ex officio reversal of the judgment below, and the judgment below is again decided as follows after hearing.
【Grounds for the Judgment in Dao-gu】 Criminal defendant is a member B and underground of Ansan-si around September 10, 2017.