강간치상등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. The lower court’s sentencing (seven years of imprisonment) is too unreasonable.
Defendant
In addition, the defense counsel withdrawn the assertion of mistake of facts and misapprehension of legal principles on the second trial date.
B. Prosecutor 1) The measure that the lower court exempted the disclosure and notification order from the disclosure and notification order is unreasonable. 2) The sentencing of the lower court is too unjustifiable.
2. Determination
A. The lower court determined that the Defendant should not disclose or notify personal information in light of the following: (a) the possibility of recidivism of the Defendant’s sexual crime; (b) the level and anticipated side effects of the Defendant’s disadvantage due to the Defendant’s disclosure or notification order; and (c) the effectiveness of preventing sexual crimes that may be achieved therefrom; and (d) the effect of protecting the victims of the disclosure or notification order.
The judgment below
Examining the reasoning in comparison with the record, the above judgment of the court below is just and it is difficult to see that there was an error in the judgment on the requirements for exemption from disclosure and notification order.
This part of the prosecutor's argument is without merit.
B. As to the assertion on unfair sentencing, the Defendant: (a) abused the victim C by rapeing the victim C; (b) invaded upon the said residence to commit similar rape; (c) led the victim D to indecent act by force; and (d) assaulted the victim D.
The nature of the crime is bad in light of the method, contents, frequency, relationship to victims, etc. of the crime.
The victims suffered considerable mental impulse and pain which are difficult to recover due to each of the crimes in this case committed by the defendant working at the same workplace, and the defendant was unable to receive a letter from the victims.
Such circumstances are disadvantageous to the defendant.
On the other hand, the defendant is an initial criminal without any criminal power, and the defendant is late later and reflects all of the crimes of this case, and made his mistake.