성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)등
The defendant's appeal is dismissed.
1. The court below's scope of trial was convicted of the part of the defendant's case, and the part of the attachment order case was sentenced to dismissal of the prosecutor's request for the part of the attachment order. Since only the defendant appealed against this, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders since the part of the attachment order case has no interest in appeal, this part shall not be continued to the court. Thus, this part shall be excluded from the scope of the court's judgment (see Supreme Court Decision 82Do2823, 82Do611, Jan. 18, 1983, 200).
3. The judgment of the defendant does not have any history of criminal punishment except for punishment of a fine on one occasion at around 1996, and there is no history of criminal punishment. The defendant committed an indecent act over 981 times for about 3 years and 6 months, and the nature of the crime is very poor and there is a high possibility of criticism due to an anti-human act. In full view of all kinds of sentencing conditions shown in the arguments in the instant case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the defendant's assertion cannot be accepted.
4. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal. It is so decided as per Disposition.
However, the “application of the statute” of the lower judgment is a clerical error.