강간등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for three years.
except that this judgment.
The court below dismissed the prosecutor's request for an observation order for the protection of the defendant while pronounced guilty on the part of the defendant's case, and only the defendant appealed.
Therefore, there is no benefit in appeal regarding the part of the judgment below regarding the claim for protection observation order among the judgment below, and thus, notwithstanding Articles 21-8 and 9(8) of the Act on Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part concerning the claim for protection observation order among the judgment below is excluded from the scope of the judgment of this court, and the scope of the judgment of this court is limited to the part concerning the defendant
The decision of the court below on the summary of the grounds for appeal (three years of imprisonment, 40 hours of completion of sexual assault treatment programs) is too unreasonable.
Judgment
Examining the various sentencing conditions of this case, the crime of this case was committed by the defendant with a cell phone hosting, and the defendant went away without 300,000 won, and up to 300,000 won, posted the vehicle number and telephone number of the victim discovered in the course of commercial sex acts on the Internet, by threatening the victim to know about the fact of commercial sex acts, and then stolen the victim's cash after rape. The crime of this case was committed, and the victim's cash was stolen. In light of the course of the crime and the interview, frequency, etc. of the method of the crime, the nature and circumstances of the crime are poor and heavy, and the victim seems to have suffered considerable mental shock and sexual humiliation, and the defendant was sentenced to a fine of 1,50,000 won due to the violation of the Act on the Punishment of Acts, such as sexual sex acts, and the crime of intimidation, even after 2012, it was similar to the case that intimidation the victim's property after commercial sex acts.
On the other hand, however, the fact that the defendant seems to reflect the wrongness while looking at all of the crimes, the amount of damage caused by fraud and larceny is relatively small, and in particular, the victim and the victim are desired in the trial.