성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The prosecutor's appeal is dismissed.
1. The decision of the court below on the gist of the grounds of appeal (the period of two years and six years of imprisonment) is too unfased and unfair.
2. The crime of this case recognized by the evidence, the evidence, the rule of evidence, and the legal principles are acknowledged as an unfavorable sentencing factor or objective and neutral sentencing factor, such as: (a) the defendant intrudes on the victim’s residence and makes indecent act by compulsion; (b) the nature of the crime is not good; (c) the victim appears to have suffered considerable mental pain due to the crime of this case; and (d) sexual violence against humans without gender and age is prohibited.
However, there were three-class intellectual disabilities, such as the confession of the defendant and the mistake against the defendant, the fact that the defendant did not have the same criminal record, the fact that the defendant agreed with the victim smoothly, and that the victim had a astronomical disability.
It is also recognized that there are favorable sentencing factors or objective and neutral sentencing factors, such as that the accumulated stress after-the-counter stress of the person who is suffering from living in an unstable life and that it seems that the state of intellectual disability 3 disability is seen as the result of addition of aging, etc.
In full view of the above factors of sentencing, the statutory punishment for the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a life imprisonment or imprisonment of not less than five years) (a life imprisonment or imprisonment of not less than five years), the age, health status, character and conduct, intelligence and environment of the defendant, motive and circumstance leading to the crime of this case, the means and consequence of the crime of this case, various circumstances revealed in the arguments, such as circumstances after the crime, etc., the act contrary to the purpose of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the suspension of execution, etc. of sentence, the court below made a decision by the court below, by comprehensively taking account of the following factors: (a) the criminal punishment for the crime of this case; (b) the defendant’s age, health status; (c) character