성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal (such as imprisonment with labor for three years and four years of suspended execution) declared by the court below is too uneasible.
2. The crime of this case is a case where the defendant (the 1943 birth) committed the crime of this case and tried to rape the victim (the 1971 birth) with his her family relation, and tried to commit rape.
In light of the circumstances and contents of the crime, the nature of the crime is not very good.
The victim appears to have been highly shocked due to the instant crime. The fact that the aged is itself cannot be ruled out that it would have become the cause of sexual assault crime. Therefore, it is difficult to render a sentencing considering only the Defendant’s age.
These circumstances are sentencing materials that are disadvantageous to the defendant.
There is no record that the defendant was punished for the same crime.
The defendant is suffering from pharmacologic treatment due to the current aftermath's disease (brain aftermath's death, etc.) due to considerable old age.
The defendants recognize all crimes, and are against themselves.
In terms of the result, crimes were attempted.
In the trial, the victim agreed with the victim, and the victim does not wish to punish the defendant.
(See the data submitted on October 17, 2019 by the victim’s state appointed defense counsel). These circumstances are sentencing data favorable to the defendant.
In cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the sentencing of the first instance court (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Only the prosecutor appealed on the grounds of unfair sentencing, compared to the first instance court, the conditions of sentencing were changed favorably to the
In addition to the above circumstances (including the agreement of the appellate court), the Supreme Court on various sentencing conditions (including additional sentencing data in the appellate court) and the term crime shown in the argument of this case, such as the defendant's age, character and conduct, environment, family relation, motive, background, means and consequence of the crime, etc.