성폭력범죄의처벌등에관한특례법위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
The personal information of the defendant is an information and communications network.
1. Summary of grounds for appeal;
A. Part 1 of the Defendant’s case is limited to the Defendant and the person requesting an attachment order (hereinafter “Defendant”).
(2) The lower court erred by misapprehending the legal doctrine on special cases concerning the punishment, etc. of sexual crimes (i.e., violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery) and the injury from rape, thereby undermining or undermining the ability or decision-making capacity to discern things. Nevertheless, the lower court erred by misapprehending that the Defendant committed each of the above crimes in a normal state. (ii) The lower court’s punishment of the lower court,
B. The lower court on the part of the claim for an attachment order imposed a duty on the Defendant to stay in the place of residence reported to the probation office each day during the period of attachment of an electronic tracking device from 00:00 to 06:00. Since the Defendant’s occupation characteristics make it possible to maintain his/her livelihood, the hours of night outing hours from 23:00 to 05:00 following day should be adjusted.
2. Determination
A. According to the evidence duly admitted and investigated by the court below, the defendant is deemed to have had a little drinking at the time of the crime, but in light of various circumstances, such as the situation at the time of the crime, the background leading up to the defendant to the crime, the method of the crime, and the defendant's behavior before and after the crime, etc., it is not deemed that the defendant at the time of the crime in question lost or lacks the ability to discern things or make decisions under the influence of alcohol.
B. The instant case concerning the assertion of unfair sentencing concerns rape and forcibly taking property by threatening knife women of the old year after the Defendant intrudes on a residence through windows at night.