성폭력범죄의처벌등에관한특례법위반(특수강도강간등)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment with prison labor for twelve years.
. Information on the Defendant.
1. Summary of grounds for appeal;
A. Regarding the part of the defendant's case (alongly, 20 years of imprisonment) sentenced by the court below, each prosecutor appealed on the grounds that the defendant and the person subject to a medical treatment and custody application and the person subject to a medical treatment order as well as the person subject to a medical treatment order (hereinafter "the defendant") are too harsh.
B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 20 years.
2. Determination
A. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor is likely to be subject to criticism in light of the method and frequency of the instant crime, the degree of indecent act, and the age of victims, etc. on the new wall that had been punished for the same sexual crime and night residence larceny and had been released from the Defendant again at night or again at night after the lapse of six months from the date of release.
In this case, it seems that the victims suffered emotional distress and shock were very serious.
On the other hand, there are reasons to consider the defendant, such as the fact that the defendant has a depth of his mistake, the fact that the crime of this case is committed due to the defendant's sexual preference disorder, the fact that the criminal act of this case is committed against the defendant, the fact that the mother of the victim J and the victim H have agreed smoothly with the victim, each of the night residential intrusion larceny in the judgment, the degree of damage is not significant, the mother of the defendant's mother is leading, and the defendant's will want the defendant's wife.
As such, various conditions of sentencing, including the Defendant’s age, criminal records, character and conduct, environment, family relationship, motive and consequence leading to the instant crime, and the circumstances after the instant crime, including each of the sentencing factors favorable or unfavorable to the Defendant revealed in the course of the instant sentencing review, shall be determined by the Supreme Court.