성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
The defendant's appeal is dismissed.
1. Notwithstanding Article 9(8) of the Act on the Protection, Observation, Electronic Monitoring, Etc. of Specific Criminal Offenders as there is no benefit to appeal as to the part of the case of the Defendant, the lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case for which the attachment order was requested. However, this part is excluded from the scope of this court’s trial, and the scope of this court’s trial is limited to the part of the case of the Defendant.
2. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the court below sentenced the defendant (eight years of imprisonment with prison labor).
3. The judgment that the defendant recognized all of the crimes of this case, and repents his mistake, and that the defendant was punished once for the crime of this case before the crime of this case, and that there was no other record of the crime of this case in favor of the defendant.
However, after the divorce in 2012, the Defendant committed the instant crime by: (a) having the right to rear the victim, who was married, and lives together with the victim; (b) having sexual intercourse with the victim who was under seven years of age at the end of August 2013 by force; and (c) having committed indecent act with the victim who was under ten years of age by force on August 28, 2016 by means of similar act.
Although the defendant is responsible for protecting and fostering the victim as the principal rearing for the victim so that the victim can grow healthy, he/she has committed an anti-human crime which takes the victim as the object of eliminating his/her sexual desire, and the nature of such crime is extremely poor.
The victim seems to have suffered from severe mental or physical shock and pain for a long time, and it seems that he/she would undergo mental aftermatha, etc. due to such mental or aftermatha in the future, etc., so that he/she establishes sexual identity and values in the course of growth by the crime of this case.