성폭력범죄의처벌등에관한특례법위반(특수강간)등
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment with prison labor for four years;
3. In seized gallon, one philogram with S5 S. S. (O.).
1. Summary of grounds for appeal;
A. Defendant 1’s sentence (six years of imprisonment) declared by the lower court is too unfair and unfair (the Defendant did not rape the victim C on grounds of appeal, and the Defendant did not have taken sexual intercourses against the intent of the said victim, but the Defendant withdrawn the above assertion on the first trial date of the first trial of the first instance court). B. The lower court’s sentence is too low and unreasonable.
2. The judgment of the defendant was made by deceiving the victim C, who was a wife without showing domestic violence, with phone calls, threatening the victim to inflict harm on his/her birth, raped 4 times or more by finding the victim as the wife or his/her wife, even raped with the knife, taking a knife and threatening, taking a sexual assault face by using the knife, taking a knife, and taking a sexual assault face at the main point of the victimJ, and taking the alcohol equivalent to KRW 1.9 million at the market price from the point of the victimJ. The method of the crime in this case is very poor and the nature of the crime is serious.
The Defendant committed the instant crime without being aware of the history of criminal punishment, even during the period of repeated crime and suspension of execution, and C seems to have suffered from extreme sexual humiliation by suffering from mental and physical pain that could not be achieved due to the Defendant’s crime.
These points are disadvantageous to the defendant.
On the other hand, the Defendant recognized all of the instant crimes for the first time, against the mistake, received a letter by agreement with the victim C, accepted the court's recommendation of reconciliation that recommends divorce between the two parties (Seoul High Court 2015 Ddd. 8256), and the victimJ did not want to punish the Defendant.
The defendant has spine disability (class 6), suffers from friendly depression, anti-competitive disorder, etc., and the parent of the defendant who has ever worked as a member of the family without giving up the defendant.
These points are the same.