성폭력범죄의처벌및피해자보호등에관한법률위반(특수강도강간등)등
The defendant's appeal is dismissed.
The judgment below
The 5th sentence of 1st to 6th sentence is the largest.
1. Summary of grounds for appeal;
A. In the event that the Defendant was under the influence of alcohol at the time of committing the crime as set forth in paragraphs (1), (2) and (3) of the facts constituting the crime in the judgment below, the court below neglected this.
B. The lower court’s sentence of unreasonable sentencing (10 years of imprisonment) is too unreasonable.
2. Determination
A. According to the records on the argument of mental disorder or mental disability, even though the defendant was found to have drinking alcohol at the time of each of the above crimes, in light of the circumstances indicated in the records, such as the background of the crime and the defendant's act before and after the crime, it does not seem that he was under the influence of alcohol and lost the ability to distinguish things and make decisions, or caused the weak ability to do so.
This part of the defendant's assertion is not accepted.
B. Although there are extenuating circumstances to consider the Defendant’s confession of the instant crime, and the attitude against the Defendant, etc. showing an attitude to reflect on the allegation of unfair sentencing, considering the following: (a) the Defendant did not recover from damage; (b) the victim received a serious physical and mental impulse due to the instant special robbery and rape; and (c) the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime; and (d) other various sentencing conditions indicated in the record, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.
However, in light of the fact that the scope of the applicable sentences under the Act on the Punishment of Sexual Crimes and Protection of Victims (Special Robbery, etc.) against the Defendant was stated in the 14th and 15th sentence of the lower judgment, the lower court’s punishment provided for in the 1st sentence from 20 to 6th sentence of the 5th sentence is aggravated: Provided, That the lower court’s lower court’s punishment provided for in the 20th sentence of the 5th to 6th sentence.