아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
Sexual assault against the defendant for 80 hours.
The sentence of the original court (six years of imprisonment, etc.) on the summary of the grounds for appeal is too unreasonable.
Judgment
The defendant, as the father of the victimized person, committed an indecent act by force and sexual intercourse by force with the victim in a state where the victim's money was located in his house despite the obligation to protect and rear the victim as his father.
B. After the victim informed the victim of the above damage, the defendant tried to use the attitude of the victim's money to assault the victim's money.
The victim complained of mental impulses due to each of the crimes in this case, separated from his family after this case, and suffered from the pain that the victim should adapt to the protection facility.
On the other hand, there is no record that the defendant was punished for the same crime in this case.
The Defendant suspended himself from committing the instant crime.
In the court below, the defendant denied part of the crime of forced indecent act and sexual intercourse at the court below, and took the attitude of reflecting the entire crime of this case.
The victim expressed his intention that the defendant would be given the highest preference over several times from the original trial to the trial.
Although the above declaration of intent of the injured party was derived from the emotional distress, such as the dissolution of the family due to the detention of the accused in accordance with his report, and the unfolding of the economic difficulties, the accused has made efforts to support the family of the previous accused, and the accused has already been punished to some extent.
It seems that we consider the fact that the defendant was released early and his family would coincide with the decision.
Among the intent of the victim, particularly the former part is due to the consideration that the victim himself/herself was wrong, and the victim has correctly perceived the social meaning of the committee that was not punished.
Since it can not be seen, it is not a true punishment.