성폭력범죄의처벌등에관한특례법위반(강간등치상)
All appeals filed by the Defendants and the respondent for an attachment order are dismissed.
1. The summary of the grounds of appeal is too unreasonable that the sentence imposed by the lower court on the Defendants and the persons subject to the request for the attachment order (hereinafter “the Defendants A”): seven years of imprisonment; ten years of imprisonment with prison labor for information disclosure; information disclosure; notification and location tracking device attachment order for ten years; six years of imprisonment with prison labor for six years; information disclosure; notification and location tracking device attachment order for ten years; and information disclosure; notification and location tracking device attachment order for ten years) is too unreasonable
2. Determination
A. Defendant A’s part of the prosecuted case is recognized as favorable sentencing factors, such as the Defendant’s violation of the Road Traffic Act in 1989, with no previous conviction except for a fine of KRW 500,000,00,000, which was sentenced to a fine of KRW 500,000 due to the violation of the Road Traffic Act; the Defendant’s recognition of one’s own crime at the latest and last instance court; however, it is not considered to be sufficient to recognize mental disorder; however, the crime of this case is rape of a victim with intellectual disability who is vulnerable to the crime of this case in collaboration with Defendant B, and the nature of the crime of this case is not very good; the victim committed the crime of this case; although it is apparent that the victim suffered deep mental suffering from the crime of this case, it is also acknowledged that the Defendant did not take any measures to relieve the damage or injury until the trial; the above sentencing factors, character and behavior of the Defendant, intelligence, and environment; the Defendant’s motive, motive, and consequence of the crime of this case;