성폭력범죄의처벌등에관한특례법위반(특수강간)등
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.
2. The judgment of the defendant is a favorable condition to the defendant, such as the fact that the defendant is divided by mistake, and that there is no record of punishment for sexual crimes.
On the other hand, this case is a situation unfavorable to the defendant, such as: (a) the defendant inducedd the victim to receive a loan in the name of the victim by paying the loan in the name of the victim, and detained the victim with the collection of the defendant, and committed sexual assault several times; (b) the crime method is violent and dangerous; and (c) the defendant did not receive a letter from the victim up to the trial.
In light of the above circumstances and other various conditions of sentencing, including the Defendant’s age, sex, environment, circumstances surrounding each of the instant crimes, and the sentencing guidelines of the Sentencing Committee (one year to 11 year and six months), the lower court’s sentence is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.