성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserts that the defendant and the person requesting an attachment order (hereinafter referred to as the "defendant") against the punishment imposed by the court below (ten years of imprisonment, completion of a sexual assault treatment program, ten hours of disclosure notification order) is too unreasonable, and the prosecutor asserts that it is too unreasonable.
2. Determination
A. The Defendant’s mistake and reflects all the judgment on the assertion of unfair sentencing by both parties is favorable to the Defendant, and the Defendant voluntarily released confinement against the victim during the instant crime is favorable to the Defendant.
On the other hand, the crime of this case is not only denied the crime that the defendant committed only when the victim was simply scambling the victim, but also has a high possibility of criticism by committing a sexual crime during the repeated crime of a specific violent crime. The victim suffered serious fear and mental pain due to this case, and it seems that it will continue in the future, such as serious fear and mental pain due to this case, which is a dangerous object, and then threatened the victim and his family members, if reported, and further, rapes the victim's hand and scambling, which would result in the victim's injury. Furthermore, the crime of this case was committed in the early stage of investigation, and the defendant did not receive any specific measures to recover from the victim, but also did not take any disadvantageous measures against the victim.
As above, the Defendant’s age, character and conduct, environment, family relationship, and motive leading to the instant crime, along with the favorable or unfavorable circumstances to the Defendant.