성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
(b) the defendant;
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (five years of suspended sentence for imprisonment with labor for three years) is too unhued and unreasonable.
B. The judgment of the court below that dismissed the request for attachment order since the defendant's rejection of the attachment order is recognized to pose a risk of recidivism.
2. Determination
A. As to the assertion of unfair sentencing, the defendant's primary agreement with the victim on the assertion of unfair sentencing is that the victim wanted to take the preference against the defendant, the crime of this case recognized by evidence, evidence, evidence law, and legal principles is committed in attempted crimes, but the defendant does not have the mental and physical disorder at the time of this case, the defendant has a family member to support the defendant, the defendant's family member also has a attitude against the crime of this case, the defendant has expressed an attitude to actively protect the defendant, the defendant's family member also has an attitude of opposing the crime of this case, the defendant has been living in the same apartment as that of another apartment only with the victim's residence, and disposed of it and disposed of it and taken it out after the decision of the court below was rendered (167-1 of the trial record), and objective sentencing factors are recognized.
However, on October 13, 1998, the defendant had been sentenced to three years and six months of imprisonment due to the violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and the crime of this case recognized by the evidence, the evidence, the rules of evidence, and the legal principles are different from that of the apartment in which the defendant lives at night (108 Dong, 106 Dong, 106 Dong) is the same apartment in the same way as that of the other apartment (108 Dong, 106 Dong) so that the entrance was prepared in advance to make it easy for the victim to escape automatically.