성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, for four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court (five years of imprisonment) is too unreasonable.
B. Prosecutor 1) It is unreasonable for the lower court to exempt the Defendant from the disclosure and notification order, even though there are no special circumstances to not disclose or notify the Defendant’s personal information, as to the exemption from disclosure and notification order. 2) The lower court’s sentence of unreasonable sentencing is too uneasible and unfair.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the prosecutor’s unfair assertion of exemption from disclosure and notification order, i.e., the Defendant did not have any record of sexual crimes until before the crime of this case was committed, ii) the instant crime was based on the specific relation with the victim, and in light of the motive and circumstances of the instant crime and the circumstances after the crime, it appears that the risk of preventing the Defendant from committing sexual assault against many and unspecified persons would not be high, and iii) the Defendant’s disadvantage and anticipated side effects are deemed to exceed the prevention effect of sexual crimes and the protection effect against sexual crimes subject to registration due to disclosure or notification order in light of the relationship between the Defendant and the victim, the Defendant’s family relationship, etc.
Therefore, the court below's exemption from disclosure order and notification order is just, and the prosecutor's allegation in this part is without merit.
B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime was committed by the Defendant by intrusion on the house of the victim who is a wife and rapes the victim. In light of the details of the instant crime and the relationship between the Defendant and the victim, the victim’s mental and physical suffering caused by the instant crime was very serious, and the Defendant’s liability is not less complicated.
However, the Defendant committed the instant crime.