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 subject to a request to attach an attachment order (hereinafter “Defendant”) (hereinafter “Defendant case part) that the lower court sentenced the Defendant to the punishment (limited to four years of imprisonment and 80 hours of order to complete education) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. We also examine the defendant's part of the defendant's case and the prosecutor's assertion of unreasonable sentencing.
The Defendant had maintained the de facto marital relationship with the mother of the victim before the crime of this case. All of the crimes of this case were led to confession and rebuttal, and the victim’s mother paid KRW 30 million to the victim’s mother, and the victim did not want to be punished, and there are extenuating circumstances, such as the fact that the Defendant did not have any criminal record.
On the other hand, the crime of this case is committed by the defendant as the actual father of the victim in a de facto marital relationship with the mother of the victim, and even though the defendant was in a position to properly rear and protect the victim, it is inevitable to punish the defendant to the extent equivalent to his liability, taking into account the following circumstances: (a) the defendant committed an indecent act against the victim who is merely 13 years old; (b) ice and franchising the scam, and raped with the scam, and there is a high possibility of criticism in light of the method of crime and the attitude of act; (c) the crime of this case would result in the victim suffering from severe mental and physical shock and live in the future.
The above reasonable grounds and the possibility of criticism on the instant crime, including the Defendant’s age, character and conduct, environment, background and progress of marriage, motive of crime, and circumstances before and after the instant crime, are subject to various sentencing conditions and the sentencing guidelines set by the Supreme Court’s Sentencing Committee.