성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)
The defendant's appeal is dismissed.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order case upon conviction on the part of the defendant’s case. Since only the defendant appealed, there is no benefit of appeal regarding the part of the attachment order case.
Therefore, notwithstanding the provisions of Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment of the court below concerning attachment order is excluded, and the scope of the judgment of this court is limited to the part concerning
2. The sentencing of the lower court is too inappropriate.
3. It is recognized that the judgment defendant repents his mistake.
However, the crime of this case is committed by rape by using authority as a relative to the victim, and the nature of the crime is not good. The crime of this case is committed with mental suffering and suffering which makes it difficult to cure the victim due to the crime of this case, and the defendant did not agree with the victim up to the trial, in consideration of the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and other conditions of sentencing specified in the argument of this case, such as the circumstance after the crime, etc., the sentence of the court below is too unreasonable. Thus, the defendant's above assertion is without merit.
4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.