성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. The part of the defendant's case (e.g., imprisonment with prison labor for three years and four years of suspended execution) sentenced by the court below to the defendant and the person who requested an attachment order (hereinafter "defendant") (hereinafter "defendants") is deemed unfair.
B. It is improper for the court below to dismiss the defendant's request for an attachment order against the defendant even though the defendant's request for an attachment order is likely to recommit
2. Determination
A. As to the part of the defendant's case, the crime of this case is an indecent act committed by the defendant on several occasions by force, which is a blicker, and the nature of the crime is not weak.
It seems that a minor victim who must form a sound sexual identity and values has suffered a considerable sense of sexual humiliation and pain due to being committed by the Defendant by committing such indecent acts, and the mother of the victim who believed that he/she had committed an offense that could not have been committed by his/her father.
Therefore, it is necessary to punish the defendant with severe punishment corresponding to his criminal liability.
However, the defendant has the following favorable circumstances.
At the lower court, the Defendant agreed with the mother of the victim and the victim, and expressed his/her intent to have the victim present at the court of the first instance to which the mother of the victim was the victim.
As the defendant is seriously against the defendant's wrong, he/she is going not to contact or approach the victim's and his/her family members or those of the victim or not to engage in any conduct that may harm them.
The defendant is registered as a person of distinguished service to the State who has no record of criminal punishment except for the punishment of a fine due to the crime of this species, and is injured during military service.
In addition to these circumstances, all circumstances, including the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, as well as the circumstances after the crime, shall be comprehensively considered.