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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below (10 years of imprisonment) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.
2. The fact that the judgment defendant led to the confession of the crime, and that it is the primary offender is favorable.
However, in order to meet the victim's distorted sexual desire, the defendant continued to intrude the victim's residence for a long time, and took pictures, etc., and completed rape. The crime of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape in Residence) by the defendant is a planned crime that has prepared the victim's tools in advance. The defendant is a climatic tape in the course of committing the crime, with the victim's hand and eye, booms the victim's hand and eye, takes the victim's body pictures, etc., and caused the victim's extreme sexual humiliation and fear while staying in the victim's house for a long time. The crime was extremely bad, and the victim suffered from shock and pain that it is difficult to measure the victim's normal life due to the crime of this case, and it seems necessary for a long time and effort by the victim and the defendant's strong punishment, etc., which is disadvantageous to the victim and the defendant.
In addition to these circumstances, there is no special change in circumstances that may vary in the punishment from the original judgment to the trial of the party, and in full view of all the factors of sentencing, including Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, it does not seem that the lower court’s punishment is too heavy or unreasonable.
Therefore, each of the defendant and the prosecutor's argument of sentencing is without merit.
3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.