성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
except that this judgment.
The court below sentenced the defendant guilty and sentenced the defendant to dismiss the prosecutor's request with respect to the case of the attachment order and the case of the probation order, and the defendant appealed only against this, which eventually does not have any interest in appeal as to the case of the attachment order request and the case of the probation order request.
Therefore, notwithstanding the provisions of Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order and the request for probation order among the judgment below is excluded from the scope of the judgment of this court, and only the part of the case of the
The summary of the grounds for appeal (unfair punishment) by the court below is too unreasonable.
Judgment
In this case, the defendant met her employee in his/her restaurant, and committed indecent acts by compulsion against his/her will, while suffering from the victim's house during his/her night, and intrudes on the victim's house against his/her will during his/her night, and rapes of the victim, which is not good to the nature of the crime, and the circumstances of the crime are disadvantageous to the defendant.
However, there is a favorable condition for the defendant, such as the fact that the defendant has committed all the crimes of this case and reflects the mistake in depth, that the defendant has no record of criminal punishment for sex crimes so far, and that the defendant does not want the punishment against the defendant during the trial of the court below, and that the victim does not want the punishment against the defendant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and various sentencing conditions indicated in the records, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.
Thus, the defendant's appeal is reasonable, and the part of the judgment below on the defendant's case is reversed in accordance with Article 364 (6) of the Criminal Procedure Act.