성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for five years.
For the defendant.
1. The summary of the grounds for appeal (unfair sentencing) and the person against whom an order to attach an electronic device was requested and the person against whom an order to attach an electronic device was requested (hereinafter only referred to as the Defendant) rendered by the lower court (one-year imprisonment, etc.) are too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. Determination
A. The Defendant recognized the instant crime, and is in profoundly against his mistake, regarding the allegation of unfair sentencing by the Defendant and the prosecutor.
The Defendant appears to have committed the instant crime in a somewhat contingent manner under the influence of alcohol rather than planned from the beginning.
A defendant has no record of punishment exceeding the same sex crime or of fine.
The defendant's natives or scarkes agree to lead the defendant so that the defendant does not constitute re-offending, and the defendant's prior wife is desired.
These circumstances are favorable to the defendant.
However, the crime of this case was committed by the defendant without permission from the hospital room where the patient was hospitalized at night, and the victim, who is a child of nine years of age, was physically raped. In light of the background, object, place, method, etc. of the crime, and the possibility of criticism is very high.
The crime of this case seems to have suffered serious sexual humiliation and mental impulses and pain to the degree that it is difficult to recover all of his family members as well as the victims who are under age due to the crime of this case.
Nevertheless, until the appellate court, the Defendant was unable to receive a letter from the victim and his family members, and the damage was not completely recovered.
Therefore, until the appellate court, the victim's mother was committed several times, resulting in the crime of this case, the victim is still unable to smoothly adapt to the school life, etc., and the crime was committed that did not properly protect the young children, which led to the failure of the marital relationship.