성폭력범죄의처벌등에관한특례법위반(특수강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
A seized industrial car kn.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (two years and six months of imprisonment) on the assertion of unfair sentencing is too unreasonable.
B. The lower court sentenced the Defendant to the disclosure order and notification order for two years, but it is unfair because the lower court’s disadvantage is very high, such as where the Defendant sought a long occupation or interfered with the establishment of the place of residence, despite the low risk of recidivism.
2. Determination
A. There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant unilaterally notified the victim who had a relationship with the victim of unfair sentencing by unilaterally notifying the victim that he had a relationship with the victim, and that the victim had committed the instant crime under the influence of excessive drinking and gathering, and the Defendant seems to have committed the instant crime in depth after committing the crime. The Defendant did not have any past record of punishment, and the Defendant appears to have a high possibility of edification and improvement at the age of 21 years of age.
However, in light of various sentencing conditions in the records, such as character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., including the fact that punishment corresponding to the criminal liability is inevitable, given that the punishment corresponding to the crime is considered to be inevitable, it is not recognized that the sentence of 2 years and 6 months sentenced by the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is without merit.
B. Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, to determine whether to issue a disclosure order or an unfair notice order.