성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (a 4 years of imprisonment and 80 hours of completion of sexual assault treatment programs) against the Defendant and the person who requested an attachment order (unfair sentencing) is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is too unhued and unfair.
2) It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order of an electronic tracking device, despite the risk of recommitting a sexual crime against the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).
2. Determination
A. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized the instant crime and reflects his mistake; (b) the Defendant has no record of punishment for the same kind of crime; and (c) the Defendant and his mother have agreed with the victim and his mother who did not want to be punished against the Defendant.
On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the crime of this case was committed by rape or coercion of a juvenile who should be protected and brought up by the defendant over several times, and that the crime of this case seems to have significantly high mental impulses, such as sexual humiliation, etc.
In addition, comprehensively taking account of various circumstances, such as the defendant's age, sex, environment, family relationship, circumstances of the crime, means and consequence, etc., the sentence imposed by the court below is too heavy or unreasonable as it is frighten (in the meantime, there is no criminal record of a sexual crime against the defendant. In the meantime, if the victim is in a relationship of relationship with the defendant as in the instant case, the public perusal of the disclosed information can identify the victim by taking into account the disclosure information of the defendant and the name of the sexual crime against the victim, and there is a risk of secondary damage against the victim in the process.