아동ㆍ청소년의성보호에관한법률위반(준강간등)등
The defendant's appeal is dismissed.
1. The first instance court rendered a judgment of conviction on the part of the defendant's case and the prosecutor's request on the part of the attachment order case was dismissed. The defendant appealed only on the ground of unreasonable sentencing. As such, the part on the attachment order does not have any interest in appeal and is excluded from the scope of the judgment of this court notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.
2. The punishment sentenced by the first instance court to the summary of the grounds for appeal (seven years of imprisonment, etc.) shall be too unreasonable; and
3. Determination is recognized as a favorable sentencing factor, such as the fact that the Defendant had committed an offense and expressed an attitude to repent of wrongs, that there was no past record of punishment, that there was a disability that cut off, and that support his family.
However, the crime of this case is also found to be a disadvantageous sentencing factor such as the fact that the defendant's father-gu and juvenile sexual intercourse with the defendant's excessive right to drinking and let the victim take the drinking twice, and rape the defendant's company's dormitory twice again, and the crime of this case is very poor because the victim committed indecent act twice again, and the crime of this case is very poor. Such act can affect the victim's normal growth and creation of sound sexual values in the future as well as the victim's mental and physical damage and suffering. Nevertheless, the defendant is still unable to take advantage of the victim's side, the defendant's father-child relationship and the defendant's father, and the defendant's father-child relationship and the defendant's father appears to be imprising due to the shock of this case.
In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances after the commission of the crime, the first instance court is deemed to have comprehensively considered.