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The judgment of the court below is reversed.
The punishment of the accused shall be determined by two years and six months of imprisonment.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. The punishment of the defendant (unfair punishment) sentenced by the court below against the defendant (two years and six months of imprisonment, order to complete a sexual assault treatment program 40 hours of imprisonment, confiscation) is too unreasonable.
B. It is unreasonable for the lower court to exempt the Defendant from the disclosure order of information and the employment restriction order, in the absence of special circumstances to disclose or notify the Defendant’s personal information or not to place the employment restriction, on the grounds that the sentence imposed by the lower court is too uneasible. 2) The lower court’s exemption from the disclosure order and the employment restriction order against the Defendant.
2. Determination
A. The circumstances that are disadvantageous to the Defendant include: (a) the Defendant, who was related to the Defendant and the Prosecutor’s assertion of unfair sentencing; (b) the Defendant, at night, intruded the Defendant’s residence in the middle of the Hague, and used to assault the victim and commit rape at night; and (c) subsequently, attempted to intrude the victim again on the same day; and (d) the Defendant, who was placed in front of the victim’s entrance, discovered a new front door password by photographing the smartphone in the front of the bicycle laying in front of the victim’s entrance, and then intruded the victim’s residence four times; (c) stolen the victim’s wall number; and (d) destroyed the victim’s secret number by taking the front of the victim’s entrance password; and (d) destroyed the victim’s wall in light of the circumstances, contents, and method of each of the instant crimes; and (e) the victim was subject to considerable mental shock due to each of the instant crimes.
On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant expressed his/her intention not to punish the defendant by mutual consent with the victim during the appellate trial, the fact that the defendant recognizes all his/her mistakes and reflects his/her mistake, and that the defendant has no other penalty power except a single fine due to the violation of the Military Service Act.
The age, character and conduct of the defendant;