성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The defendant's appeal is dismissed.
1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment) is too unreasonable;
2. The judgment of the defendant is favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant has no record of punishment for the same kind of crime, the defendant appears to have committed the crime of this case somewhat contingent and contingent in the state of mental disorder caused by personality disorder, and the fact that the defendant has no record of prevalence and the degree of indecent act committed by the defendant is not severe.
However, the crime of this case is deemed to have committed an indecent act against the victim by infringing on the victim's residence by means of cutting down the victim's chest, etc. In light of the shape of the crime and the method of the crime, etc., the poor quality of the crime is given; the victim appears to have suffered considerable mental impulse by being forced by indecent act from the defendant who infringed on his own residence which is a private space; the defendant committed the crime of this case during the period of repeated crime that the defendant should be aware of; the court below sentenced a sentence close to the maximum applicable punishment in law after taking into account the circumstances favorable to the defendant's mental and physical mitigation, taking into account the mitigation and favorable to the victim's mental and physical mitigation; and other sentencing conditions in this case, such as the defendant's age, character and behavior, environment, motive and consequence of the crime, and the result of the application of the sentencing guidelines by the sentencing committee of the Supreme Court, even if considering the circumstances of the defendant's inner discretion, it cannot be deemed that the sentence of the court below is unreasonable to the extent of responsibility of the defendant.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.