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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., both types of punishment) sentenced by the first instance court to the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”), (e.g., imprisonment for 2 years and 6 months for the first crime, and 3 years for the second crime as indicated in the holding), is too unreasonable.
2. Determination
A. As to the assertion on unfair sentencing, the Defendant’s act of violation of his own name is recognized, and the offense No. 1 in the holding is a crime committed on July 26, 2007 before the judgment becomes final and conclusive on January 31, 2008. The offense No. 2 in the holding is a crime committed on June 16, 2010 at the Changwon District Court sentenced to three years and six months of imprisonment for robbery with prison labor for robbery, injury by robbery, etc. at each night, and the offense committed on October 28, 2010 and tried together with robbery before the judgment becomes final and conclusive.
However, the defendant committed rape against the victims by intrusion into the victims' residence in a new wall, or by threatening them with the kitchen, which is a deadly weapon, even though the victims suffered considerable mental or physical pain, the victims still did not receive a letter of confinement from the victims, and the crime No. 2 of the ruling is found to be committed within the repeated period after the defendant was sentenced to six months of imprisonment on Jan. 31, 2008 due to night residence intrusion and theft, etc. and the execution of the sentence was completed on Jan. 31, 2008.
Considering the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, criminal records, motive and background leading to the instant crime, the means and consequence of the instant crime, and various circumstances revealed in pleadings, such as the circumstances after the commission of the crime, the sentence sentenced by the first instance court is deemed appropriate, and is too unreasonable.