사기등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. In light of the various sentencing conditions of the Defendant’s instant case, the sentence imposed by the lower court (the completion of a sexual assault treatment program for 12 years and 80 hours, and the disclosure and notification of information for 3 years) is too uneasible and unreasonable.
B. It is unreasonable for the lower court to dismiss the prosecutor’s request for an order to observe the protection, despite the fact that the Defendant and the requester for an order to observe the protection (hereinafter “Defendant”) committed a sexual crime as stated in the judgment, and despite the risk of recommitting a sexual crime in light of the background and method of the crime.
2. Determination
A. Examining the various sentencing conditions in the part of the case against the defendant, each of the crimes of this case was committed on nine occasions without the ability of the defendant to pay the alcohol value, etc., and did not pay the price for drinking at the main point of week, etc., and committed rape and bodily injury upon the main place of the victim. In light of the circumstances and details of the crime, relationship with the victim, etc., the nature and circumstances of the crime are very poor and heavy. Accordingly, the victim of rape seems to have suffered a sense of sexual humiliation and suffered emotional distress. Nevertheless, the defendant did not receive a bill from the victim, and the defendant did not entirely reflect the victim's ability to pay the alcohol value, even if it had been discharged from several times, and the fact that each of the crimes of this case was committed again during the period of repeated crime for which the victim was released.
On the other hand, while accepting the sentence of the lower court, the fact that the Defendant appears to reflect his mistake as well as the fact that there is an economically difficult situation as a recipient of basic livelihood security, and that the degree of injury to the rape victim cannot be relatively serious is favorable to the Defendant.
As above, the defendant is disadvantageous or favorable to the defendant.