성폭력범죄의처벌등에관한특례법위반(장애인강간)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal: The punishment imposed by the lower court on the Defendant (three years of imprisonment, etc.) is too unreasonable.
2. The instant crime was committed by the Defendant by intrusion on the house of the victim who was previously disturbed and raped.
The court below rendered a sentence against the defendant in consideration of the sentencing guidelines set forth by the Supreme Court Decision, considering the following factors: (a) the defendant's injury to the peace in daily life by rapeing the victim and impairing the victim's residence; (b) the defendant was sentenced to imprisonment with prison labor for a more than one year, which has been postponed for the execution of the crime of this case by assaulting the victim; (c) the victim was suffering from considerable mental suffering due to the crime of this case; and (d) the victim seems to lack awareness of so-called "colb violence" in light of the criminal records of the defendant in the past; (b) it appears that the defendant recognized all of the crimes; (c) it appears that the defendant has committed the crime; (d) the defendant did not want punishment against the defendant; and (d) the defendant did not have any previous criminal records; and (e) the defendant did not have any previous criminal records; and (e) the defendant was sentenced to punishment for the defendant by agreement with the victim; and (e) the defendant
The sentencing of the lower court seems to have been appropriately determined by fully taking into account the aforementioned various circumstances.
There is no change of circumstances that can be assessed differently from the sentencing conditions of the court below, and the sentence imposed by the court below on the defendant is the lowest of the recommended punishment according to the sentencing guidelines (at least three years and not more than five years and not more than six months), and no special circumstance exists that should be sentenced to a lower sentence.
In addition, the age, character and conduct, motive of the crime, the details and contents of the crime, and the circumstances after the crime are revealed in the arguments in this case.