성폭력범죄의처벌등에관한특례법위반(주거침입강간등)등
The judgment of the first instance is reversed.
A defendant shall be punished by imprisonment for three years.
However, for five years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant found the Defendant guilty of the instant facts charged on the basis of the victim’s statement, inasmuch as there was symptoms leading to misunderstanding of facts that could not rape the victim, nor attempted to rape the victim, and there was no credibility of the victim’s statement.
In the first instance decision, there is an error of misunderstanding facts.
B. The sentence imposed by the first instance court of unfair sentencing (five years of imprisonment, etc.) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the accused and the defense counsel argued the same purport as the reasons for appeal in the first instance court, and the first instance court, by clearly explaining the various circumstances recognized as evidence, such as “determination of the accused and the defense counsel” in the judgment, and rejected the victim’s statement in light of the credibility of the facts charged in this case and the recognition of the facts charged. In comparison with the records of the first instance court’s judgment, even if considering the materials submitted by the accused in the trial, the judgment can be justified, and this part of the defendant’s assertion is without merit.
B. As to the assertion on unfair sentencing, the crime of this case is found to be an unfavorable element of sentencing, such as: (a) even though the defendant attempted to rape the victim, and again intrudes the victim's room and rapes the victim; (b) the nature of the crime is bad; (c) the defendant did not appear to have an attitude against his own truth, such as denying the crime and criticisming the victim by making a defense that falls short of persuasive power; and (d) the defendant appears to have significantly contributed to mental shock and pain caused by the defendant's crime.
However, the first crime of rape is about the attempted attempted crime, and the degree of assault inflicted on the victim at the time of the crime of this case.