성폭력범죄의처벌등에관한특례법위반(절도강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
information about the defendant for five years.
1. Summary of grounds for appeal;
A. The arguments stated in the “Supplementary Statement of Reasons for Appeal” dated August 19, 2013, submitted by the defense counsel after the lapse of the period for submitting the grounds for appeal by the defendant and the person subject to an application for attachment order, are examined to the extent that the grounds for appeal are supplemented.
(1) Part of the Defendant case A) Mental and physical disorder Defendant and the person to whom the attachment order is requested (hereinafter “Defendant”).
(B) The sentence of the lower court’s sentencing (three years and six months of imprisonment, and five years of disclosure of information) is too unreasonable, under the influence of alcohol at the time of the instant crime.
(2) The lower judgment ordering the Defendant to attach an electronic tracking device in light of the Defendant’s age and the circumstances in which the Defendant ought to work at the construction site, etc., is unfair and unfair as the period of attachment exceeds 10 years.
B. The prosecutor (the part concerning the defendant's case) (1) is sufficiently recognized that the defendant had the criminal intent of larceny and rape, considering the records of criminal punishment for the same kind of crime before, and the circumstances leading to, the instant crime.
Nevertheless, the court below rendered a not-guilty verdict on all primary and conjunctive charges. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.
(2) The sentence of the lower court’s unreasonable sentencing is excessive and unreasonable.
2. Determination:
A. (1) On June 5, 2012, around 03:20 on June 5, 2012, the Defendant of the facts charged (a summary of the facts charged) was raped by taking advantage of the victim’s failure to resist, such as finding the victim, gathering her hand and her pande with pande, in which the victim was found, and she tried to commit rape by taking advantage of the victim’s failure to resist. However, the Defendant did not rape with the victim’s leash “hum” in the lock.