성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The prosecutor's appeal is dismissed.
1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (two years and six months of imprisonment) is too unhued and unreasonable; and
2. Determination
A. The crime of this case in the part of the defendant case committed an indecent act against the victim by the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") by intrusion upon the victim's residence 53 years old or older in the new wall time, and committing an indecent act against the victim's buckbucks by hand, and committed an indecent act against the victim by intrusion upon the victim's residence 18 years old or older at night after 8 days thereafter. The defendant tried to commit an indecent act against the victim by intrusion upon the victim's residence on January 15, 2009, and committed an indecent act against the victim. In light of the fact that the defendant committed an indecent act against the victim's residence, he was sentenced to a punishment of three years and six months, and was committed on May 12, 2012 by force on other victim's residence, and then one year and two months have passed since the execution of the punishment was completed, and each crime of this case was committed during the repeated crime period.
However, in light of the following circumstances: (a) the degree of indecent act by force of this case is relatively minor; (b) the Defendant recognized all the criminal facts of this case and reflects their depth; (c) the Defendant expressed the intent of not wanting to punish the victim under an agreement with the victim D; and (d) the Defendant deposited KRW 3 million in the lower court for the victim E and made efforts to recover partial damage; and (c) other circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age, character and conduct, intelligence and environment; (d) motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is too
The prosecutor's assertion of unfair sentencing is without merit.
(b) When a prosecutor appeals against a prosecuted case, the part of the attachment order case shall follow Article 9 (8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.