Judgment

From the beginning of the investigation, the defendant does not have access to the victim again while making a confession and reflect on all his crime.

It is true that there is no record of criminal punishment when deducting the amount of fine of one million won from being sentenced to a violation of the Environmental Examination and Inspection Act in 2011. The victim's legal representative is a mother of the victimized person and his spouse, and the victim's intention not to punish him is not considered as a reduced sentence equivalent to the amount of punishment of the victim's legal representative in other cases.

In this regard, the victim does not want the punishment of the defendant on the ground that the defendant who is responsible for the livelihood of the victim and his/her family is aware of his/her livelihood when criminal punishment is imposed.

However, after the court below rendered a heavy sentence on the defendant, send a letter of apology to the trial division of the court below.

In light of the victim's age (age in the third grade of middle school) and intellectual level, the victim's intent expressed in the contents of the letter is reasonable to be considered as being accurately aware of the legal meaning of the crime and accepting the legal meaning of the committee of punishment, and to use the defendant). However, although the defendant's pro-child, who is only 11 years of age at the time of the first crime, as a pro-child, excessively collected the victim's 11 years of age and forced sexual acts of rape for a long time, he or she committed an indecent act of rape, etc., he or she suffered significant mental damage that the victim was unable to recover, thereby hindering the victim's personality formation, and is determined as a healthy member of the society.