성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) takes into account the fact that the Defendant was disabled with intellectual disability 3 and the Defendant’s children living together obstructed their livelihood as third degree of intellectual disability, etc., the sentence imposed by the lower court (three years of imprisonment, etc.) is too unfair (the Defendant and his defense counsel withdrawn his argument of mental and physical loss on the first trial date of the lower trial). 2. The lower court acknowledged that the Defendant committed the instant crime under the influence of alcohol, taking into account the circumstances, contents, etc. of the instant crime committed by the Defendant following the drunk, and thus, was very heavy, in view of the fact that the Defendant committed the instant crime, which committed a similar rape, and led to considerable sexual humiliation and mental suffering, the Defendant seems to have been punished against the Defendant; the Defendant was punished against the Defendant; the Defendant committed the instant crime under the influence of mental and physical harm; and the Defendant was given conditional suspension of indictment for mental health treatment as a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media).
Although there is a 3rd degree of intellectual disability on the defendant's intellectual disability, if the defendant lives for a long period of time, it seems that the defendant will make it difficult for the defendant to live. However, it is inevitable to sentence imprisonment for a considerable period of time for the defendant, considering that the defendant's violent inclination confirmed by the crime of this case is very strong, and that the defendant is highly likely to again stop sexual crimes without sexual impulses.
There is no change in the sentencing conditions compared with the original judgment. The reason for sentencing as stated by the lower court and the various conditions of sentencing, including the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the circumstances before and after the crime, are shown in the arguments.