강도강간등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (five years of imprisonment with prison labor for the crime of robbery and rape in the market, and two years of suspended sentence in the year and six months of imprisonment with prison labor for the crime of attempted rape in the judgment) is too unreasonable.
B. Prosecutor 1) The lower court’s sentence of unreasonable sentencing is unreasonable as it is too uneasible and unfair. 2) Even though the Defendant’s improper exemption from the disclosure and notification order and employment restriction order is highly likely to re-offend a sex offense, the lower court’s exemption from the disclosure and notification order and employment restriction order
2. Determination
A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of robbery and rape in this case was committed by the Defendant’s intrusion upon another’s residence in order to steals property, and the victim D, a female resident living in the relevant place, force the victim’s resistance, and force the victim’s rape on the opportunity, and the responsibility for the crime is very heavy.
Due to the above crime, the above victim seems to have suffered a huge mental suffering.
In addition, the crime of attempted rape of this case is a case where the defendant forced sexual intercourse against the will of the victim G, which is a woman in a relationship of relationship with the defendant, and such crime is not a good crime.
This is disadvantageous to the defendant.
On the other hand, the defendant shows an attitude to reflect all of the crimes of this case, including the crimes partially denied by the court below, when he was in the trial.
At the trial, the defendant has agreed to compensate the victim D for the crime of robbery and rape, and the victim submitted a written statement to the effect that he/she will not be held liable for civil or criminal liability against the defendant.
The Defendant’s crime of robbery and rape of the instant case needs to be taken into account equity with the case where the Defendant was tried with a criminal record prior to the judgment of the lower court rendered on September 8, 2004 and a criminal record violating the Game Industry Promotion Act, which became final and conclusive on July 22, 2010.
In the case of attempted rape, the crime was committed in the course of attempted rape, and the victim G.