강간등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for three years.
except that this judgment.
The court below dismissed the prosecutor's request for an observation order for the protection of the defendant while pronounced guilty on the part of the defendant's case, and only the defendant appealed.
Therefore, the part of the judgment below regarding the claim for protection observation order among the judgment below is excluded from the scope of the judgment of this court notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc., since there is no benefit of appeal. The scope of the judgment of this court is limited to the part of the
The summary of the grounds for appeal (a three-year imprisonment, 40 hours after completion of the sexual assault treatment program, confiscation) imposed by the court below is too unreasonable.
Judgment
Examining the various sentencing conditions in the instant case, the crime of this case was committed by the Defendant to force the Defendant to make a recording to the effect that the Defendant would not report the victim following rape in light of the details and methods of the crime, the number of times and the relationship with the victim, etc., and that the victim would have suffered considerable personal maternity and sexual humiliation in addition to physical damage, and thus, the victim would have suffered considerable moral humiliation and sexual humiliation.
On the other hand, however, the defendant appears to be against the defendant's wrongness when considering all the crimes including rape denied in the court below. In particular, in the court of the first instance, the victim does not want the punishment of the defendant, except for the case where the victim and the juvenile protective disposition were taken once, there is no specific criminal punishment, and there is a need to give the opportunity to repeat as a healthy member of society with the youth of the 20th beginning of the second half, and the defendant's age, career, sexual behavior, environment, family relationship, etc. are favorable to the defendant.