성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
The defendant's appeal is dismissed.
1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the case of the accused case claiming the attachment order when declared a guilty verdict, and the defendant appealed only against this, and thus, there is no benefit of appeal with respect to the case claiming the attachment order.
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, 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, and only the defendant case constitutes the scope of the judgment of this court.
2. The main point of the grounds for appeal is that the court below's imprisonment (seven years of imprisonment) is too unreasonable.
3. The circumstances favorable to the defendant include: (a) the Defendant led to the confession and reflect of the instant crime; (b) there is no record of punishment for the same kind of crime; and (c) the situation where the mother who cannot live normally due to dementia, etc. is in need of support.
However, the instant crime committed rapes over 10 times over a year by the Defendant. At the time, the victim had no ability to protect himself due to a severe mental disorder of evidence, as well as under investigation and trial due to sexual crimes committed by another person, and even though the victim had already been physically and mentally destroyed, the Defendant committed the instant crime without using or opening the aforementioned circumstances, and thus, is highly likely to be subject to criticism.
Accordingly, the victim was suffering from the mental impulse and pain that makes it difficult to recover, and even though the defendant was not able to receive a letter from the victim so that he was faced with the trial.
(피해자는 피고인의 친족의 꾐에 빠져 피고인의 처벌을 원하지 않는다는 취지의 합의서를 작성해주었을 뿐이라며 피고인에 대한 처벌을 요구하는 서면을 자신을 보호 중인 요양기관을 통해 당심에 제출했다)....