성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. It is unfair that the lower court’s punishment (the completion of a sexual assault treatment program with imprisonment of two years and six months and three hundred hours) is too unreasonable for the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”).
B. Prosecutor 1) The lower court’s dismissal of the request for an attachment order and the issuance of an order to notify disclosure of an order to the Defendant is unreasonable, and the lower court’s dismissal of the request for an attachment order against the Defendant and the issuance of an order to notify disclosure is unreasonable.
2. Determination
A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the lower court sentenced the Defendant to imprisonment for up to five years and six months, taking into account the following circumstances: (a) each of the instant offenses was committed by the Defendant as an early aircraft under the age of 12 by force on five occasions by taking care of the chest of the victim, who is vulnerable to the commission of the crime; (b) the nature of the crime is very poor; (c) the victim seems to have suffered considerable mental pain due to the instant case at the time when the victim has yet to grow back and form sexual competence; and (d) the Defendant has the history of having been punished once for the same crime; (c) the victim does not want the punishment; (d) the degree of the type of force used by the Defendant at the time of each of the instant offenses was not strong; (e) the Defendant appears to have violated his own mistake; and (e) other factors of sentencing as indicated in the instant case. Examining the record, even if the Defendant and the prosecutor’s grounds for appeal are considered, the lower court’s punishment is unreasonable or unreasonable.
The grounds for appeal by the defendant and prosecutor are without merit.
B. As to the wrongful argument that dismissed the request for attachment order, the lower court is highly probable to injure the legal peace of the Defendant for committing a sexual crime again after the release of the Defendant.