유사강간등
The defendant's appeal is dismissed.
1. The punishment for the accused (three years of imprisonment) against the summary of the grounds for appeal is too unreasonable;
2. The instant crime committed by the Defendant is a crime of assaulting a victim who was a juvenile of 18 years of age at the time of committing a prison life in the same confinement room and committing similar rape.
The defendant generally shows the appearance of recognizing and opposing his mistake, and the defendant's age has yet to be young (it was a juvenile who has not attained 19 years of age at the time of committing the crime) and the circumstance where the sex process and family environment are poor is a factor that can be considered in sentencing for the defendant.
However, the defendant has already been punished several times for violent crimes, and even though he had been sentenced to punishment for special larceny, including violent crimes, at the time of each of the crimes of this case, the assault and similar rape crimes of this case have been committed without being aware of.
Although the Defendant vindicates to the purport that the crime of similar rape in this case was a serious injury to the victim, a thorough examination of the consistent statements made by the investigative agency of the victim and the statements made by the Defendant at the prosecutor’s office can be acknowledged as having committed similar rape against the victim’s will by threatening and by force preventing the Defendant from leaving the victim out of office, as he would be her at the time of the victim.
Nevertheless, the defendant tried to conceal or avoid responsibility for the crime of similar rape in the investigation stage from the investigation stage.
The victim seems to have suffered severe sexual humiliation and pain, and the victim is punished for the defendant.
In full view of these circumstances, it is inevitable to impose severe punishment on the defendant due to the very poor responsibility of the defendant.
In addition, the sentencing of the court below is reasonable within the scope of discretion, along with various factors of sentencing as shown in the arguments, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime.