강간등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 40 hours against the defendant.
Summary of Grounds for Appeal
On the first day of this court, the Defendant withdrawn the assertion of mistake and misapprehension of legal principles.
The sentencing of the lower court on unreasonable sentencing is too unreasonable.
B. It is unreasonable for the court below to issue an order to disclose or notify the personal information of the defendant, although there is no risk that the defendant would repeat a sex crime.
2. The defendant planned and prepared to commit the crime in advance and tried to rape the victim and take the body of the victim. In light of the details and methods of the crime in this case and the age of the victim, it is not very good that the crime is committed.
As a result, the victims of children and juveniles seem to have suffered a considerable mental impulse and physical pain.
The defendant has been sentenced to two years of suspension of the execution of imprisonment with prison labor for the crimes of special intimidation against minor female students.
In light of these circumstances, the defendant should be punished for strict punishment.
On the other hand, the defendant shows the appearance of recognizing all rapes that were denied by the court below for the first time in this court.
In this court, the defendant paid considerable damages to the victim and agreed with the victim smoothly, and the victim was no longer punished.
The defendant has no record of punishment other than the above crimes of special intimidation.
Such circumstances are favorable to the defendant.
In addition, considering the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime, conditions of sentencing and the scope of recommended sentencing according to the sentencing guidelines as a whole, such as the circumstances after the crime, etc., the court below's punishment is too unreasonable.
3. The Defendant’s assertion of unreasonable sentencing is reasonable, and the lower judgment is reversed in accordance with Article 364(6) of the Criminal Procedure Act without examining the remaining grounds for appeal.