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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (along with imprisonment, three years and six months, and 80 hours’ completion of a sexual assault treatment program) is too unreasonable.
B. Prosecutor 1) As to the crime of rape and similar rape committed by the Defendant against the victim H on February 8, 2016, it constitutes a separate constituent element of the crime, and the act of similar rape was commenced after the completion of the act of rape, and the intent of the crime is distinguishable, each of the above crimes is in a substantive concurrent relationship. Nevertheless, the court below erred by misapprehending the legal principles on the number of crimes, which determined that the Defendant’s crime constitutes a single comprehensive crime of rape, and that the act of similar rape does not constitute a separate crime by absorbing the crime of rape, thereby adversely affecting the conclusion of the judgment. 2) The sentence of unfair sentencing by the court below is unreasonable because it is too unreasonable.
2. Determination
A. As to the prosecutor’s assertion of the misapprehension of the legal principles, if a single and continuous rape is committed against the same victim with an opportunity to rape, and the injury and legal interests are the same, a single comprehensive crime of rape is established among each crime. It is reasonable to view that the act of similar rape does not constitute a separate crime by absorbing the crime of rape.
In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, the Defendant’s crime of rape and similar rape with the victim H continued at the same time and at the same place, the Defendant committed each of the above crimes under the same criminal intent to meet sexual desire after threatening the victim H, and the protected legal interest of the two crimes is the same as the freedom of sexual self-determination, comprehensively taking into account the following circumstances, each of the above crimes committed by the Defendant constitutes the crime of rape and the act of similar rape does not constitute a separate crime by absorbing the crime of rape.
The prosecutor's argument is without merit.
(b).