아동ㆍ청소년의성보호에관한법률위반(강간)등
The defendant's appeal is dismissed.
A. The crime committed by the Defendant, who was aware of a smartphone-making display, was raped by threatening the victim, who was a juvenile, by threatening the police officer, to commit the crime. In light of the method, object, and method of the crime, the crime was very poor in view of the crime, and the Defendant’s sexual self-determination was infringed upon the victim’s sexual identity and values due to the Defendant’s crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape). The victim appears to have suffered considerable mental impulse and pain, but the Defendant’s failure to receive a letter from the victim is disadvantageous to the Defendant.
In addition, the punishment sentenced by the court below is not set in the sentencing guidelines for the crimes of Type 2 (Rape/Special Rape) (five to eight years) and the basic area (five to eight years) of the Act on the Punishment, etc. of Sexual Crimes (Rape/Special Rape by Relatives) within the scope of the sentencing guidelines for the establishment of the sentencing guidelines of the Supreme Court (five to five years of imprisonment), since the sentencing guidelines are not set for the crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kamera, etc., on the grounds that the lower limit of the sentence is set. The court below seems to have set the sentence in full consideration of the favorable circumstances as seen above, and there is no special change in circumstances that make it different from the sentencing guidelines.
In addition, considering the defendant's age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, the circumstances after the crime, etc., the court below's punishment is not judged to be improper because it is too appropriate and too unreasonable.
Therefore, the defendant's above assertion is without merit.
Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is groundless. It is so decided as per Disposition.
(b).