성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Defendant
In addition, all appeals filed by the requester for attachment order and the prosecutor are dismissed.
1. The summary of the grounds for appeal (six years of imprisonment) of the lower court is too heavy or it is unreasonable to conduct an examination (the defendant and the respondent for an attachment order; hereinafter “defendant”).
2. The following facts are the circumstances favorable to the Defendant: (a) the commission of rape among the instant criminal acts involving the determination of the instant case: (b) the commission of rape was committed in the attempted crime; (c) the amount of damage to night residence larceny and the amount of fraud was not much significant; and (d) the Defendant appears to be in profoundly against the Defendant’
However, the Defendant committed the instant crime at night, even though he/she was sentenced to a three-year suspended sentence on June 21, 2012, during the period of the suspended sentence, even though he/she was sentenced to a three-year suspended sentence of imprisonment on June 21, 2012, thereby seriously impairing the housing safety and peace of the said victim’s family, and by exercising violence to rape, thereby causing physical or mental harm to the said victim. In particular, the Defendant committed the instant crime, even though he/she was sentenced to a three-year suspended sentence of imprisonment on June 21, 2012, during the period of the suspended sentence.
In full view of the above factors of sentencing and other circumstances such as the Defendant’s age, character and conduct, home environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, and the recommended sentencing guidelines, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable to the extent that the Defendant’s punishment is reversed.
Therefore, the defendant and the prosecutor's argument are without merit.
3. The part of the case for which the request for attachment order is filed is deemed to have filed an appeal regarding the case for which the request for attachment order is filed under Article 9 (8) of the Act on the Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, but the appeal is filed only when the defendant and the prosecutor submit a petition of appeal and the grounds of appeal concerning this part.