아동ㆍ청소년의성보호에관한법률위반(강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
1. The main point of the grounds for appeal is that the sentence of the lower court (two years of imprisonment with prison labor for a maximum of six years, five years of short term, etc.) is too unreasonable.
2. Determination
A. A more unfavorable normal Defendant committed an act of violence, such as assault, intimidation, confinement, etc., against the victim during a several months, and committed a sex offense, such as rape of the victim and taking the body of the victim out of the influence of alcohol.
The possibility of criticism is very high in light of the period and frequency of crime, the contents and result of crime, the age of the victim and the relationship with the defendant.
The victim seems to have suffered considerable pain due to the defendant's crime of this case.
B. A favorable normal 1) Although the Defendant vindicateed to the effect that it is merely a neglect of a crime at an investigative agency or a junitt while the victim and his family members were dead, the court of original instance shows the specific contents of the crime and the attitude of recognizing the victim’s damage from the court of original instance. In the reflective statement prepared by the Defendant, “I did not have the mind when it was unaware of whether the Defendant was a crime (definite) or was guilty, and what was it was wrong, and there was a bad mind about how it was wrong,” and “The victim was an open door where it was impossible for the victim, and his father (definite) is too difficult to do so.” In addition, at the court of original instance and the court of original instance, the Defendant expressed his intention to commit the crime against the victim and their family members. In view of the Defendant’s growth and family environment, the relationship between the victim and his family members, etc., the following circumstances may be considered in the process of the crime:
The defendant lives together with his father, punishment, after his father has been divorced by multiplying 2 South and North Korea.
The defendant is married to a house between his father who has been bad as a result of his occupation and his physical speciality who has been punished.