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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
but for three years from the date this judgment becomes final.
Reasons
1. The Defendant’s defense counsel in the summary of the grounds of appeal asserted a mistake of facts that the victim did not rape due to violence in the grounds of appeal, and withdrawn it on the first trial date.
The punishment sentenced by the court below (three years of imprisonment, and 80 hours of completion of sexual assault treatment programs) is too unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant, together with the victim, drinked alcohol with the victim following the company, led the victim to rape with the sobane, and the nature of the crime is not good. The victim was only 19 years old away from the time of the instant case, and the victim was aware of the crime from the ship of the company, and was subject to considerable sexual humiliation and mental shock.
However, there are circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and reflects his mistake in depth, that the defendant appears to have committed the crimes of this case in a somewhat contingent and contingent manner under the influence of alcohol, that the degree of exercising force against the victim is not more severe, that the defendant does not want the punishment of the defendant under the agreement with the victim under the condition that 10 million won is paid to the victim in a trial, that the defendant is the first offender with no criminal history, that the defendant is the first offender with no criminal history, and 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. as to the defendant's disadvantage or favorable circumstances, etc.