성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
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 sentence (six years of imprisonment) in the part of the Defendant’s case (hereinafter “Defendant”) is too unreasonable. 2) The part of the case for which the lower court’s request for attachment order was filed is unreasonable.
B. Prosecutor 1) The sentence of the lower court on the part of the Defendant case is too unfasible and unfair. 2) The attachment order issued by the lower court on the part of the case claiming the attachment order is too short and thus unfair.
2. Determination
A. As to the part of the defendant's case, there is a family to support the defendant, and the fact that the defendant reflects the defendant's wrong is favorable to the defendant.
However, the crime of this case was committed by force by the defendant to commit an indecent act against the married female at the studio building where the security of the defendant is vulnerable, and the method and quality of the crime is very poor, and the frequency of the crime is also rare.
The Defendant, even though he was sentenced to imprisonment due to the crime of indecent act by compulsion, etc. on the ground that he forced the female who was on the way, committed an indecent act by compulsion, etc., committed the instant crime again during the period of repeated crime, after having been released from prison, on the ground that he was guilty of committing an indecent act by compulsion, etc., and who was inflicted an injury on the breast and the female.
The victims seem to have suffered a great mental impulse and sexual humiliation by committing an indecent act before their own house.
Nevertheless, the victims did not completely recover from the damage.
In full view of all such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to its liability, and it is not determined that the sentence is too heavy or unreasonable.