성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for twenty-five years.
Sexual assault against the defendant for 160 hours.
1. As to the summary of the grounds for appeal (unfair sentencing in both cases), the Defendant asserts that the sentencing of the lower court (20 years of imprisonment with prison labor) is too unreasonable, and the prosecutor asserts that it is too unfasible and unfair.
2. The Defendant is against his confession and has no record of being punished for a sexual crime, and there is no criminal record of suspended execution or more.
There are intellectual disabilities that require the assistance of the guardian to the accused.
However, each of the crimes of this case committed the crime of this case is extremely poor in light of the relationship between the defendant and the victim, the circumstances leading up to the crime, the degree of damage, the circumstances before and after the crime, etc.
The victim did not have a place to proceed with the divorce of his parents, and the victim was living together with the money of the victim, and the defendant who is responsible for protecting and raising the victim who is a juvenile living together with the money of the victim, committed an anti-human act continuously against the victim to meet his/her sexual desire. As a result, the victim did not have a sense of shame and aversion before his/her sound sexual morality was formed, and the victim should have a serious mental suffering.
The Defendant committed rape and indecent act against the victim continuously for a long period of time, such as having sexual intercourse with the victim at least once a week during the period of crime. Accordingly, the victim was pregnant regardless of his/her own will despite his/her age. While the victim was aware that he/she had given birth to the child, the Defendant re-Raped the victim who was not able to complete the cooking after childbirth and again re-Rape the victim, even though one month has not passed since he/she was aware that he/she had given birth to the child.