성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Defendant
All appeals by prosecutors are dismissed.
1. As to the gist of the reasons for appeal (such as imprisonment with labor for three years) by the lower court, the accused asserts that the prosecutor is too unhued and unreasonable.
2. The circumstances favorable to the Defendant are as follows: (a) the Defendant made a confession of all of the instant crimes and reflects the depth thereof; (b) the Defendant lacks normal judgment ability due to Grade II intellectual disability; and (c) the crime of larceny and intrusion upon residence and rape was committed on the attempted crimes.
On the other hand, each of the crimes of this case committed by the defendant intrudes the house of a large and low-level city village, and opens a bank and stealss.
In addition, there is a history of having been punished several times for larceny even before the victim was committed, and each of the crimes in this case is disadvantageous to the defendant, such as the following: (a) the attempted rape of the elderly victim was attempted by intrusion into a nearby family house; (b) the responsibility for the crime was very serious in light of the circumstances and details of each crime; (c) the victim of the attempted rape in this case appears to have been physically and mentally shocked; (d) the victim of the attempted rape in this case was not able to receive an application for the attempted rape; and (e) the defendant had been punished several times for larceny; and (e) each of the crimes in this case was committed during the period
In full view of the above circumstances and the Defendant’s age, character and conduct and environment, the motive, means, and consequence of each of the instant crimes, all of the sentencing conditions shown in the pleadings of the instant case, such as the circumstances after the commission of the crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (five years or more of imprisonment), etc., the lower court’s punishment is deemed to be within the scope of the appropriate punishment according to its responsibility. Therefore, it is too heavy or unreasonable.
Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since it is without merit.