성폭력범죄의처벌등에관한특례법위반(특수강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Soviet 1 Soviet Dogs, which was seized Samsung Tallon (in ..).
1. The lower court’s sentencing is too unreasonable on the grounds of appeal.
2. The crime of this case requires strict punishment against the defendant, considering the following facts: (a) the crime of this case committed with a deadly weapon while being detained by the victim, who had been in a relationship with the victim, caused mental disorder by giving the victim a exemption; (b) rapes several times in a state of resistance; and (c) rapes the victim with a deadly weapon in a state of her sexual intercourse; and (d) rapes the victim with a deadly weapon in light of the method and content of the crime; and (e) the crime of this case committed with considerable mental suffering and pain that the victim could not be cured.
However, in light of the defendant's age, sex and environment, motive, means and consequence of the crime, conditions for sentencing specified in the arguments of this case, such as the defendant's age, motive, means and result of the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee, the sentence of the court below is too unreasonable, and thus, the defendant's above assertion is justified.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.
Criminal facts
The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant provisions of the Criminal Act and Article 297 of the Criminal Act regarding the crime, each of the choice of punishment, Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a photographed by camera, etc., a selection of imprisonment with prison labor), and the Criminal Act.