성폭력범죄의처벌등에관한특례법위반(강간등치상)
The defendant's appeal is dismissed.
1. The punishment sentenced by the first instance court to the summary of the grounds for appeal (six years of imprisonment, etc.) shall be too unreasonable;
2. The judgment of the defendant recognized the crime of this case as well as being treated with alcohol dependence or other mental disorders, the victim's attempted rape, and the degree of injury to the victim was not severe, and the defendant's suspended sentence for about 19 years on Nov. 17, 1994 was sentenced to a suspended sentence for about 19 years by violating the Punishment of Violences, etc. Act at Changwon District Court was sentenced to a suspended sentence for about 19 years on Nov. 17, 1994.
However, when the defendant tried to rape the victim by impairing the house of the victim who is a baby with the fifth degree of 5th degree of her face at night, and attempted to rape the victim, which led to the injury of the victim in the course of the rape, the crime is very scarcity and bad, and due to this, it is also recognized that there is an unfavorable sentencing factor, such as the fact that the victim has not yet received a brupt from the victim even though she had suffered physical shock.
Examining the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, etc. comprehensively, the sentence sentenced by the first instance court is deemed appropriate, and is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition