성폭력범죄의처벌등에관한특례법위반(강간등상해)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
A sexual assault therapy program against the defendant.
1. The sentencing of the lower judgment on the summary of the reasons for appeal (the imprisonment of eight years, orders to complete sexual assault treatment programs 120 hours, confiscation) is too unreasonable.
2. The Defendant: (a) raped a victim with an excessive assault, such as cutting down the victim’s timber and face on several occasions; (b) cutting conspiracy, etc.; (c) the victim was also dynamicly offensive; (d) the victim’s body and sexual intercourse was taken in a camera; and (e) extreme sexual humiliation was committed against the victim.
The victim not only experienced physical pain and extreme sexual humiliation due to the instant crime itself, but also committed the background that the relationship between the blood son and her parent may be severely damaged. However, the Defendant appeared to have withdrawn the assertion of mental and physical weakness in the lower court and reflect their depth.
In addition, there is no record of criminal punishment for the same crime in the past, and there is no record of criminal punishment heavier than the suspended sentence of imprisonment after 2008.
B. I express my opinion that the victim does not want criminal punishment against the defendant when the victim was in the trial of the party.
Considering the above circumstances favorable to the defendant and other factors of sentencing, such as the age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, and circumstances leading the victim to the agreement with the defendant, etc., the sentencing of the judgment of the court below is too unreasonable.
Therefore, the defendant's above assertion is justified.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled after pleading.
[Grounds for the new judgment] The defendant who committed a crime is the victim C (V, 31 years of age, 4 years of age).
1. The defendant and the victim are in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.). The defendant and the victim are in the victim D in Sejong-si on December 31, 2017;