성폭력범죄의처벌등에관한특례법위반(특수강간)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for nine years.
transparency that has been seized.
1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below to the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") is too unreasonable.
2. Determination
A. In the part of the Defendant case, each of the instant crimes committed by the Defendant, in consideration of the following: (a) the Defendant: (b) induced a child or juvenile victim at least one week prior to the commission of the instant crime; (c) committed rape by threatening the victim by using a deadly weapon; and (d) committed similar rape while putting the victim in a string line of his car; and (c) the victim, who is under the age, might have suffered a huge physical pain and mental impulse due to each of the instant crimes; and (d) there is a need to punish the Defendant with severe punishment corresponding to the relevant criminal liability.
However, in light of various sentencing conditions indicated in the record, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, the sentence imposed by the lower court is somewhat unreasonable, in light of the following: (a) the Defendant committed each of the crimes in this case at the time of the trial; and (b) there is an agreement with the legal representative of the victim on the legal representative; and (c) the Defendant has no criminal record of the same kind or suspension
The defendant's assertion of unfair sentencing is justified.
(b) When the part of the case for which the request for attachment order is filed by the accused against the accused case, it shall be deemed that the case for which the request for attachment order is filed under Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders
However, the Defendant did not assert any grounds for appeal regarding the part regarding the request for attachment order, and even if examining the part regarding the request for attachment order among the judgment below, there is no reason to investigate and reverse the attachment order ex officio.
3. The Defendant’s appeal regarding the part of the Defendant’s case is with merit.