유사강간치상등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (such as imprisonment with prison labor for six years) declared by the lower court is too unhued and unreasonable.
2. Determination
A. The instant crime committed on the part of the Defendant case was committed by the Defendant and the respondent for an attachment order, and the respondent for a probation order (hereinafter “Defendant”) following the victim returning home at night from the alley to the alley at night, and inflicted an injury upon him/her while committing sexually similar rape, and assaulted the victims who were going on the way at night without any reason, and by intrusion at night at night, theft of the victims’ money, and thus, there is a high possibility of illegality and criticism.
A sexual crime victim appears to have suffered a considerable pain and a sense of sexual humiliation due to the crime of this case, and the rest of victims seems to have suffered a considerable mental shock and suffering.
The defendant did not receive a letter from the victims, and the victim of sexual assault wanted to punish the defendant.
The Defendant committed the instant crime again at 10 days after having been sentenced to several punishments for the same crime, even though he had been released from the prison.
However, the defendant recognized the crime of this case and divided it into depth.
The injury of sexual assault victims is not severe, but is not significant in the amount of theft damage.
In addition, in full view of the Defendant’s age, character and conduct, environment, relationship to victims, motive, means and consequence of the crime, various sentencing conditions as shown in the records and arguments of this case, and the scope of recommended sentences according to the sentencing guidelines, such as the circumstances after the crime, etc., the sentence sentenced by the lower court cannot be deemed to be unfair because it is too appropriate and too unreasonable
B. The part of the case for which the request for attachment order and the part of the request for probation order have been filed shall also be appealed to the part of the request for attachment order and the part of the request for probation order, as long as the prosecutor appealed against the prosecuted case.