성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for a period of four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. In light of the circumstances such as the background, means and method of each of the instant crimes, Defendant’s act before and after the instant crimes, the lower court did not have the ability to discern things or make decisions under the influence of alcohol at the time of each of the instant crimes.
The court determined that there was no or weak state.
A thorough examination of the evidence duly adopted and examined by the court below is justified in the above determination by the court below.
B. Each of the instant crimes on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, such as the following: (a) the Defendant destroyed the victim’s property D; (b) invaded upon the victim’s residence; and (c) attempted rape; and (d) the character and conduct and the quality of the crime were bad; and (b) the fear and sexual humiliation of the elderly victim E were significantly significant due to the commission of the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Offenses of Violence and Rape).
The fact that the above victim does not want the punishment of the defendant in agreement with the victim E in the trial of the defendant, that the defendant repents his wrong and reflects his depth, that there is no record of criminal punishment against the defendant, and that the crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (residential Rape, etc.) is committed against the attempted crime is favorable to the defendant.
In full view of the above points and the Defendant’s age, character and conduct, environment, family relationship, motive, method, and consequence of the crime, various circumstances, including the circumstances after the crime, etc., it is recognized that the sentence imposed by the lower court is too unreasonable.
3. In conclusion, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.