성폭력범죄의처벌등에관한특례법위반(강간등치상)
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The lower court’s punishment (a) against the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable as the Defendant’s imprisonment for nine years, ten years, and ten years, and the order to attach an electronic tracking device for ten years, etc.) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.
2. Determination
A. The circumstances favorable to the Defendant, such as the fact that the Defendant against the mistake of the Defendant regarding the instant case, the fact that the Defendant escaped after committing the instant crime, voluntarily surrenders to the investigative agency, and the degree of injury suffered by the victim, are not much serious.
On the other hand, the crime of this case committed at night by the defendant intrudes on the residence of a victim residing in the same building with a pipe of a benda window, and assault and rape, resulting in injury to the victim, and the nature of the crime is very bad. The defendant was sentenced to imprisonment with prison labor for a maximum of 8 years and for a short of 6 years on September 21, 201, for the crime of violation of the Act on the Punishment of Sexual Crimes and Protection of Victims, etc. (special robbery) on November 21, 2003, and again committed the crime of this case on September 21, 201, after the execution of the punishment was completed, again committed the crime of this case during the repeated crime. The victim suffered significant mental or physical damage by the crime of this case, the victim did not take all measures to recover damage, and the victim wants the punishment of the defendant, and taking into account the defendant's age, character, career, environment, the circumstances and result of the crime of this case, and all of the records and arguments after the crime.
Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.
B. As to the case of the request for attachment order, a specific criminal offender shall be punished as long as the criminal defendant and the prosecutor filed an appeal against the prosecuted case.