성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)
The defendant's appeal is dismissed.
1. The sentencing of the lower court (two years and six months of imprisonment, and forty hours of order to complete the course) is too unreasonable.
2. It is true that there are circumstances favorable to the defendant in determining punishment in determining punishment, such as the fact that the defendant led to the confession of the crime, the victim does not want the punishment against the defendant, the defendant does not have the same criminal record, the degree of the type of the defendant exercised, and the degree of the ability of the defendant exercised, etc.
However, the crime of this case is deemed to have committed an indecent act by the Defendant by force of 10 years of age, and the nature of the crime is extremely poor, and the crime has been repeated several times, and as a result, the victim seems to have been suffering from sexual humiliation. In full view of all other circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, the punishment sentenced by the lower court is deemed to be too unreasonable.
Therefore, the defendant's assertion is not accepted.
3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.