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1. The part of the judgment below on the defendant is reversed.
2. The defendant shall be punished by imprisonment for eight years;
3. The defendant;
Reasons
1. The decision of the court below on the gist of the grounds for appeal (10 years of imprisonment) is too unreasonable.
2. Determination
A. The crime of this case committed by the Defendant and the person requesting an attachment order (hereinafter “Defendant”) intrudes on the young female’s residence with a view to forcibly taking money and valuables, and ② immediately after the failure to achieve the purpose, intrudes on the young female’s residence, thereby threatening the knife and causing injury to the victim. ③ The Defendant also invaded upon the young female’s residence, thereby threateninging the knife to force the withdrawal of the property, and raped the victim, and ④ likewise, it is extremely inappropriate to commit the crime by rapeing the victim’s residence.
The victims have suffered serious mental pain due to the crime of this case.
Moreover, even though the Defendant was under normal marital life and was working in a company run by his father and was receiving considerable income, the Defendant committed the instant crime without a forum to solve temporary sexual desire and to prepare entertainment expenses.
At the time of committing the crime, the Defendant tried to destroy evidence, such as wearing a cap to conceal his/her identity and her face to prevent the victim from being aware of his/her face. After rape, the Defendant attempted to destroy evidence, such as breaking away his/her fingerprints, or asking him/her whether he/she can cut his/her semen.
In addition, there was also a threat to the effect that one victim's report was returned again, and the investigation agency and the court below denied some of the crimes.
Defendant has been subject to a disposition to transfer a juvenile reformatory several times due to sexual crimes, etc., and has been punished for a suspended sentence for attempted larceny.
The defendant is an unspecified young female who lives in the studio.