성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
The defendant's appeal is dismissed.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the defendant was found guilty and the part of the case for which the request for attachment order was filed, and as such, there is no benefit of appeal regarding the part for which the request for attachment order was filed
Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part of the case of
2. The summary of the grounds for appeal is too unreasonable (six years of imprisonment with prison labor) and is unfair (the Defendant asserted that he did not commit the instant crime on the grounds of appeal, but the Defendant withdrawn the said assertion on the date of the second public trial trial of the first public trial). 3. The Defendant was in the first public trial of the first public trial and the second public trial of the second public trial of the first public trial of the second public trial of the first public trial against his mistake.
The defendant is the first offender who has no criminal punishment, and so far support his or her wife, including the victim, and his or her wife, and is likely to live in good faith.
When the defendant is detained for a long time, family members who have moved to the Philippines will be faced with difficulties when the defendant is detained for a long time, and the business foundation of the defendant will also collapse.
These points are favorable to the defendant.
However, the Defendant, as his father, repeatedly committed an indecent act against the victim of the age of 12 to 13 even though he had a duty to protect and rear the victim who is her father and is her father, and the degree of his conduct is also significant. As such, the crime of this case is very heavy.
The victim appears to have suffered a huge mental suffering due to the defendant's crime, and the state of the victim cannot be easily cured, so the victim in the future will grow into a sound social person.