2. The crime of this case concerning the defendant's case is a normal situation against the defendant, since the defendant threatened the victim residing home at night with an excessive threat, and the person was killed and injured by raping the victim's personal injury by living in his own vehicle as a rare farming, and the crime's nature and method of crime is very poor. The victim who was a middle student at the time caused a very large physical and mental shock due to the crime of this case, and caused a sense of sexual humiliation. The victim's wife could not be cured in the future. The defendant was unable to use it from the injured person, and the defendant did not make any effort to recover damage, and the defendant has been punished as the same kind of crime even before the crime of this case, and there was no record of criminal punishment on several occasions, etc.

Meanwhile, the Defendant’s act of committing the instant crime is against the Defendant, and the crime of this case is committed at night as stated in the first head of the lower judgment’s criminal facts that became final and conclusive, and at the same time in relation to a group of concurrent crimes after Article 37 of the Criminal Act, the fact that the Defendant received a judgment and ought to consider equity with regard to

위와 같은 사정들과 그 밖에 피고인의 나이, 성 행, 환경, 범행의 동기, 수단과 결과, 범행 후의 정황 등 변론에 나타난 모든 양형조건 ◈ 법률상 처단형의 범위: 징역 7년 ~ 15년 ◈ 양형기준 적용 여부: 원심 판시 범죄는 판결이 확정된 야간 주거 침입 절도죄 등과 형법 제 37조 후 단 경합범 관계에 있으므로 양형기준이 적용되지 아니한다. ,

In comparison with the first trial, there is no change in the conditions of sentencing, and the first deliberation sentencing is discretionary.