성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한준강간)
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment with prison labor for twelve years.
The defendant shall be 120 hours.
With respect to the part of the defendant's case, the court below rendered a judgment dismissing the prosecutor's request regarding the part on which the request for attachment order was filed, and the part on which the request for attachment order was filed was appealed only by the defendant, and thus, the part on which the request for attachment order was filed, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, is excluded from the scope of this court's trial, and only
The summary of the grounds for appeal (unfair punishment) of the defendant's defense counsel in the appellate brief submitted to this court, and the defendant asserted mental and physical disorder in the appellate brief submitted to this court, but the defendant's defense counsel and the defendant withdrawn each of the above arguments on the first trial date.
The punishment of the court below (15 years of imprisonment) is too unreasonable.
Judgment
Since the defendant, after being divorced from his wife, has been entrusted with the rearing of the victim who is a father's father and wife, the defendant neglected his duty to protect and rear the victim so that he can grow properly, and instead, he committed the crime of this case as sexual object. In light of the reflectivity, etc. of the crime, there is a high possibility of criticism in light of the crime. The victim did not form sexual identity and values, and the victim sent a child or juvenile child without proper protection because he was left alone in an anti-human crime in a living environment where he cannot defend himself properly, his father, who is the other party to his trust, should be the other party to his life, and without proper protection. The defendant was faced with serious mental impulse and deep mind that it is difficult to recover throughout his life, and even if he was able to enjoy suicide or to be forgotten with the fact of damage.