미성년자의제강간등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.
2. The judgment on the Defendant’s case and the respondent for an attachment order (hereinafter “defendant”) recognize and reflects the Defendant’s mistake, and do not exercise the victim’s tangible power during the course of committing the crime, etc. are favorable to the Defendant.
The defendant, who is still under 12 years of age not physical or mental maturity, found the family of the victim who is still under 12 years of age and formed a sexual relationship with the victim and taken the process in video image. In light of the details and contents of the crime, and the age of the victim, etc., the crime of this case is very poor in light of the crime, and the crime of this case is likely to adversely affect the formation of the sexual identity and values of the victim, and the mother of the victim who has observed the sexual relation is under severe mental impulses against the defendant.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, family relations, motive, means and consequence of the crime, various circumstances that are conditions for sentencing, such as the circumstances after the crime, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, the sentence imposed by the lower court is too unreasonable.
Defendant’s assertion is without merit.
3. As long as the defendant files an appeal against the defendant's case, the appeal shall be deemed to have been filed regarding the case for which the request for attachment order was filed under Article 9 (8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.
However, there is no statement in the grounds of appeal or petition of appeal concerning the defendant, and there is no reason to reverse this part ex officio.
4. The appeal by the defendant is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders.