성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) did not rape the victims or make indecent acts by force.
B. The lower court’s sentence of unreasonable sentencing (12 years of imprisonment) is too heavy.
2. Determination
A. As to the assertion of misunderstanding of facts, the defendant also argued the same purport as the argument of misunderstanding of facts, and the court below rejected the above argument by giving a detailed statement on the decision. In light of the evidence adopted and examined by the court below, the judgment of the court below is just and there is no error of misunderstanding of facts as alleged by
We do not accept this part of the defendant's assertion.
B. As to the assertion on unfair sentencing, the instant crime is an anti-humanistic crime that requires a serious social and simple response to the recognition of Defendant’s assistance in finding that the Defendant’s act was erroneous, and as seen earlier, insofar as it is found that the Defendant was guilty of the instant crime against the Defendant, the Defendant may not impose a severe penalty.
The Defendant, like his father’s trust and expectation as the beginning, took a family’s reliance and expectation against his father, and instead took a dynamic sexual crime, which is difficult to cure children ageed for a long time on the ground of her father’s status as the father, and went through a change in the depth that seems to recognize his/her temporary mistake in the trial, and eventually, did not recognize his/her mistake at the end.
(S) It seems that it was not easy to accept his mistake. The Defendant needs to commit a serious offence in depth.
The sentence that the court below decided against the defendant on the grounds stated in its reasoning for sentencing is the defendant's age, character and conduct, intelligence and environment, family relationship, relationship with the victims, motive, means and consequence of the crime.