성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for ten years.
40 hours per the defendant.
1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the Defendant was found guilty and the part regarding which the request for attachment order was sought, and only the Defendant appealed.
Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., the part of the judgment below regarding the request for attachment order is excluded from the scope of the trial of this court, and thus, the scope of the trial of this court is limited to the part of the case of the defendant among the judgment below.
2. Summary of reasons for appeal;
A. The punishment of the lower court (10 years of imprisonment, 40 hours of completion of sexual assault treatment programs) is too unreasonable.
(b) It is improper to issue an order to restrict employment to a child or juvenile-related institution, etc. for a period of seven years to the accused who is improper to issue such order
3. Determination
A. As to the wrongful argument of sentencing, it is recognized that the defendant recognized all of the crimes of this case and reflects the defendant, that the defendant has no record of crime other than five times before and after the punishment of this case, and that the defendant was living in an unstable family environment.
However, the crime of this case is committed several times by the defendant who is responsible for protecting the victim who is one of the married couples of 10 years old and has committed an anti-human sexual crime without neglecting his duty, and thus the nature and circumstances of the crime are very bad, and the victim seems to have been physically and mentally shocked due to the crime of this case, and the victim appears to have suffered serious physical and mental shock, and in addition, comprehensively considering other circumstances, such as the defendant's age, sex, environment, relationship with the victim, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unfair.
Therefore, the above argument of the defendant's above sentencing is justified.