아동ㆍ청소년의성보호에관한법률위반(위계등간음)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 (7 years of imprisonment, 40 hours of order to complete a program) imposed by the lower court by the Defendant and the person who requested an attachment order (hereinafter “Defendant”) is too unreasonable.
B. Prosecutor 1) The sentence imposed by the lower court on the Defendant in the part of the instant case is too unfasible and unfair, and the Defendant is also exempted from disclosure or notification order.
2) The lower court’s dismissal of the Defendant’s request for the instant attachment order, despite the risk of recidivism of a sexual crime, is unreasonable.
2. Determination on the defendant's case
A. The crime of this case, which judged the unfair sentencing of both parties, is a case of sexual intercourse with the victim D by force over several occasions during a considerable period from the time when the victim E was under the age of 13 and the victim E by the time when the victim E was under the obligation to protect and rear the defendant, and the crime of this case is extremely poor.
The victims who had had fear of violence, etc. of the accused of ordinary times have suffered from a serious mental impulse by committing such crime, as well as from the family and relatives in the course of the discovery of the case, due to unfair criticism, etc., suffered secondary damages, such as uneasiness and liability for the crime, and may also have a sound sexual values in the future, and have a considerable mental and physical health growth.
However, there are extenuating circumstances that can be considered favorable to the defendant, such as the fact that the defendant has led to a confession of all crimes and submitted a statement of reflection several times, that the victims do not want the punishment of the defendant several times, that the defendant has no record of other crimes in addition to punishment twice as a fine is imposed by a different type of fine.
In addition to these circumstances, the defendant's age, family relation, criminal record, sexual intercourse, environment, motive and circumstance of the crime.