성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. Summary of grounds for appeal;
A. At the time of each of the instant crimes, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) were in a state of mental and physical disability due to depression, coercion, public sulfur disorder, mental fluence, etc.
B. The lower court’s sentencing (eight years of imprisonment) is too unreasonable.
2. The judgment is deemed to have filed an appeal regarding the attachment order case under Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders by filing an appeal against the accused case. However, there is no reason to reverse this part ex officio without stating the grounds for appeal or the petition of appeal filed by the accused.
According to the contents and progress of the instant crime, the circumstances after the instant crime, and the mental sentiment of the preparation of a medical treatment and custody center U (e.g., statement that it cannot be viewed as a mental disorder), it is not deemed that the Defendant was in a state of mental disorder at the time of the instant crime.
Therefore, this part of the defendant's argument is without merit.
B. As to the assertion of unfair sentencing, there are grounds to consider the Defendant’s sentencing favorable to the sentencing, such as the Defendant’s confession of each of the instant crimes and reflects on the Defendant.
However, even though the crime of this case is the de facto side of the victim and the defendant's family members are responsible for protecting the victim's age so that the victim can grow up happy and safely, the victim cannot defend himself properly due to the defendant's medication and indecent act by force after suppressing the victim's water surface guidance system or mental fission treatment system, making the victim unable to resist. In the process of indecent act by force, the victim's injury to drug addiction is extremely poor and highly likely to be subject to criticism.