성폭력범죄의처벌등에관한특례법위반(강간등상해)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. The summary of the grounds for appeal: Unfair sentencing is unfair because the sentence imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (limited to eight years of imprisonment) is too unreasonable.
2. Determination on the grounds for appeal
A. The crime of this case as to the part of the defendant's case is that the defendant invadeds on the residence of the victim, commits similar rapes, thereby causing injury to the victim, causing about three weeks of medical treatment, damaging the property of the victim, and inflicting bodily injury on the bus driver, taxi engineer, etc.
The lower court determined a sentence against the Defendant by taking into account the following factors: (a) the nature of the crime of similar rape committed against the elderly victims is not good; (b) the victim was highly shocked; (c) the victim was extremely poor; and (d) the Defendant had the record of having been punished at least 20 times due to violent crimes, including the history of having been sentenced several times of imprisonment due to sexual crimes; and (c) the obstruction of performance of official duties; and (d) the sexual crime of this case was committed in the state of attaching an electronic device; (c) the Defendant did not receive a letter from the victims until now; and (d) the Defendant did not receive a letter; (c) the Defendant recognized all of the crimes; and (d) the degree of the injury in the case of some of the crimes, it
The sentencing of the lower court appears to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances to be assessed differently from the sentencing conditions of the lower court until the trial is held.
In the case of sexual crimes, the form and contents of the crime are dangerous and spacted in that the victim reached 78 years of age and intruded into the residence of the victim and raped the victim.
The defendant not only has damaged the property of the victim during the sexual assault crime but also tried to witness and keep the defendant from committing the crime.