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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
but for three years from the date this judgment becomes final.
Reasons
1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and forty hours of completion of sexual assault treatment programs) is too unreasonable.
2. The crime of this case was committed by assaulting a victim, who was aware of his reputation, by taking in his house the victim’s entrance and nose, etc., and by threatening the victim to spread the videos taken at the time of sexual intercourse unless the victim does not comply with the sexual relationship, which led to rape after suppressing the victim’s resistance. The nature of the crime is not good, and the victim, due to the crime of this case, received a considerable sense of sexual shame and serious psychological impulses against the defendant.
However, there are many circumstances favorable to the defendant, such as the fact that the defendant has recognized all of the crimes of this case and reflects his mistake in depth, the crime of this case seems to have committed a little contingent act with the defendant who had taught with the victim in the past, the victim does not want the punishment of the defendant under the agreement with the victim, the defendant is an initial offender who has no criminal record, and the age of the defendant who is the first half of the 30th century, and it seems that there is sufficient possibility of future edification and improvement.
As above, all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, character and conduct, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, family relationship, etc., in this case, the defendant has been detained for more than three months up to the present day and has the time of reflectivity, and the scope of recommendations (one year and six months to three years) set out in the sentencing guidelines [the scope of the recommended punishment] general criteria for rape (one year and six months to three years).