성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for twelve years.
With respect to the person against whom the attachment order is requested, for a period of twenty years.
The summary of the reasons for appeal is that the sentence (15 years of imprisonment) that the court below sentenced to the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") is too unreasonable.
The lower court found that there is a risk of repeating an attachment order.
It is unreasonable to order the defendant who is difficult to see to attach an electronic tracking device for 20 years.
The sentence sentenced by the court below which is unfair in sentencing of the prosecutor is too unfortunate and unfair.
It is unfair that the court below's improper exemption from disclosure and notification order is unfair to exempt the defendant from disclosure and notification order.
Judgment
Examining the various sentencing conditions in the instant case regarding the Defendant’s and prosecutor’s respective arguments regarding the sentencing of the instant case, the instant crime is deemed to have been committed by the Defendant at home over a total of 10 times between seven years, by rape or indecent act against the Defendant, and by intimidating the Defendant’s wife at home. In light of the background and method of the crime, duration and frequency of the crime, the relationship with the victims, etc., the crime’s nature and criminal circumstances are extremely poor and heavy; the Defendant is responsible for protecting and raising healthy children; however, it is necessary to take strict responsibility in that the Defendant was considered to be the object of resolving sexual desire; the victims, especially eight years after the Defendant’s death, and the Defendant appeared to have suffered considerable mental pain and sexual humiliation; the Defendant appears to have suffered considerable influence on the formation of sexual identity or values during the future growth; and the Defendant’s act of rape and sexual intercourse are also deemed to have not been able to have been sufficiently affected by any other circumstances after being described in the lower court’s judgment.
On the other hand, the defendant committed crimes.