성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
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 (five years of imprisonment) is too unreasonable.
3. The reason for considering considering the facts favorable to the defendant is that the defendant led to the confession and reflect of the crime of this case, that there was no record of punishment for the same kind of crime, and that part of the money was deposited for the victim when the defendant was in a trial.
On the other hand, the crime of this case is an indecent act committed by the defendant on several occasions from 7 to 11 years of age, and the crime of this case is committed on the grounds that the victim's age, period and frequency of indecent act, the degree and method of indecent act, etc. in light of the victim's age, high possibility of criticism and criticism, and even though the victim was suffering from considerable mental shock and pain due to the crime of this case, the defendant did not receive a letter from the victim up to the trial, etc. The crime of this case is committed on the grounds of sentencing unfavorable to the defendant. Other circumstances shown in the argument of this case, such as the defendant's age, character and behavior, family relation, environment, circumstance and result of the crime, and circumstances after the crime, etc., and the court below's sentence, which is the lowest limit of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, shall not be deemed unfair.