성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (17 years of imprisonment) by the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”), is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. The Defendant’s part of the instant case is favorable to the Defendant, including the fact that the Defendant recognized and reflected each of the instant crimes, and voluntarily surrendered.
However, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) and tried to rape or rape a female on several occasions. In particular, on November 7, 2008, the Defendant was sentenced to imprisonment with prison labor for a period of 9 years and 3 years on June 2, 2017 by committing a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc.) at the Chuncheon District Court on November 7, 2008, and was sentenced to the attachment of an electronic tracking device on June 2, 2017, even after the execution of punishment was completed, the Defendant raped the victim under the same water law with a location tracking device up to about 3 months, and escaped after separation of the location tracking device, and the victim appears to have suffered heavy shock and pain due to the crime of this case, and the victim was punished by the Defendant and did not recover damage to the Defendant.
In addition to these circumstances, there is no special change in circumstances that may vary in the punishment from the original judgment to the trial of the party, and in full view of all the factors of sentencing, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, it does not seem that the lower court’s punishment is too heavy or unreasonable.
Therefore, each of the defendant and the prosecutor's argument of sentencing is without merit.
B. As long as the Defendant filed an appeal against the Defendant’s case, the part of the case for which the attachment order is requested is against the specific criminal offender.