유사강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault, 40 hours against the defendant.
1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.
In addition, there are special circumstances that the defendant is exempted from disclosure disclosure order.
2. Determination
A. The instant crime on the assertion of unfair sentencing is an unfavorable circumstance to the Defendant, where the victim, who was in an internal relationship, refused to accept the Defendant, detained the victim, inflicted an injury again after having inflicted an injury, and committed similar rape, and the nature of the relevant crime was defective. As a result, the victim received a considerable mental and physical shock, and the victim wanted punishment.
The fact that the defendant recognized all of the crimes of this case when the defendant was in the trial for the first time, and reflects his mistake in depth, that the defendant has no record of punishment exceeding the fine, that there was no record of punishment for sexual assault crime, that the defendant must continuously wear the control of truth as the first degree of physical disability, and that the social relationship of the defendant seems relatively clear, such as that the defendant's will want the defendant's wife, etc., are favorable to the defendant.
In addition, in full view of the defendant's age, character and conduct, environment, family relationship, motive, method and consequence of the crime, various circumstances that are conditions for sentencing, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, the sentence of the court below is too unreasonable.
B. Determination on unjust assertion of disclosure disclosure order and whether the case constitutes “where there is a special reason to prohibit disclosure of personal information” as a ground for exception to disclosure order and notification order is likely to be a disadvantage suffered by the Defendant due to the nature of the offender, such as the Defendant’s age, occupation, risk of recidivism, etc., type, motive, process, consequence, seriousness of the crime, etc.