성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (five years of imprisonment and 80 hours of sexual assault treatment program) is too unreasonable for the Defendant and the person who requested the attachment order (hereinafter “Defendant”) (hereinafter “Defendant”).
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Determination
A. As to the assertion of unfair sentencing by the defendant and the prosecutor, the defendant is divided by mistake, the victim uses the defendant and appeal against the defendant, the defendant paid 12 million won to the victim in the trial after the agreement with the victim in the original trial, and the defendant paid 12 million won to the victim in the trial after the agreement with the victim in the original trial, and the defendant has no specific criminal record other than the fine sentenced twice due to the violation of the Road Traffic Act, etc., and the defendant has committed a crime of violating the Road Traffic Act, and has supported 5 children including the victim, as well as her mother who is not good in health status and her spouse.
Although the Defendant, as a friendly relative of a victim, should have actively protected and cultivated the victim so that he/she can have a proper sexual sense and identity without being exposed to an outside environment, the Defendant committed each of the instant crimes by taking the victim, who was at the age of having been chilled psychologically due to frequent violence, as the subject of his/her distorted sexual desire, and each of the instant crimes was committed, and the victim not only suffered a big mental impulse and pain due to each of the instant crimes, but also would have suffered significant difficulty in his/her smooth personality formation and social adaptation in the future, considering the Defendant’s unfavorable circumstances.
In full view of the above circumstances and other factors, the Defendant’s age, character and conduct, environment, health condition, background of the crime, means and method of the crime, and the sentencing guidelines, and the scope of recommended sentencing guidelines, etc., the lower court’s sentence against the Defendant.