성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”): The lower court’s imprisonment (six years of imprisonment) against the Defendant is too unreasonable in light of the various sentencing conditions of unfair sentencing.
B. A prosecutor 1) Taking into account the various sentencing conditions of unfair sentencing, the lower court’s sentence against the Defendant is too uneasible and unreasonable. 2) The lower court’s dismissal of the Defendant’s request for an attachment order even if the Defendant’s assertion on the attachment order is recognized as the risk of repeating
2. Determination:
A. We also examine the Defendant and the prosecutor’s argument on unreasonable sentencing.
The crime of this case is committed by the defendant who is in a position to protect and supervise the victim's sexual awareness so that he can grow up with a sound sexual awareness, rather than rape the victim over several times by taking advantage of his status, and the victim took advantage of his personal identity and body of the victim on the ground that he got out of his money, etc., and violence, intimidation, injured the victim, or taken the victim's personal identity and body by mobile phone camera, etc., and disadvantageous circumstances such as the crime object, contents, methods, frequency, etc. are not very good in light of the crime and social criticism, and the possibility of social criticism is very high, and the crime of this case seems to not have much mental shock and suffering, and there are no errors by the defendant while recognizing the crime of this case, and there is no criminal conviction and sexual violence record beyond the fine, and the victim submitted a written application to request the defendant to take a prior action against the defendant at the trial, and considering the various circumstances such as the defendant's age, character and behavior, environment, result of the crime of this case, etc., the sentencing of unfair sentencing is recognized.