성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 64 hours against the defendant.
1. Summary of grounds for appeal;
A. The Defendant, while under the influence of alcohol at the time of the instant case, committed the instant crime under the influence of alcohol and thus, committed the instant crime, which was not punished or should be mitigated. However, the lower court erred by misapprehending the legal doctrine.
B. The sentence imposed by the lower court on the Defendant (three years of imprisonment, etc.) is too unreasonable.
2. Determination
A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, the defendant was found to have provided a little drinking alcohol at the time of the instant case, but the defendant discovered the house of the main body of the main body of the main body of the main body of the main body of the main body of the main body of the body of the main body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the body of the main body of the main body of the body of the main body of the main body of the body of the main body of the main body of the main body
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion on unfair sentencing, there is an unfavorable element of sentencing, such as the following: (a) the victim’s negative part, etc., who did not reach the age of 16 only, who invaded another’s residence and was diving at night; and (b) attempted rape; and (c) the victim, who was a minor, whose sexual identity has not been properly formed, is likely to feel distorted; (d) the nature of the crime is not good in that it harms the peace of the residence; and (e) the Defendant’s criminal act appears to have significantly suffered mental shock and pain.
(b).