성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable.
2. The judgment of the court below is that each of the crimes of this case committed by the defendant, who is responsible for raising and protecting the victim in a sound manner as the victim's friendship, is raped twice as the subject of sexual desire. The crime's nature and criminal circumstances are extremely heavy, the victim who believed the defendant, who was committed each of the crimes of this case against his father, seems to have suffered physical and mental shock that makes it difficult for the victim to be aware of the crime of this case from his father, and such suffering is likely to hinder the victim to establish a sound sexual identity because it is difficult for the victim to recover easily, and it seems that the crime of this case committed against the victim, such as this case, is likely to have an adverse effect on our society, and thus require severe punishment, is also unfavorable to the defendant.
All of the crimes of this case are recognized by the Defendant, and there is no other means of criminal punishment except for the Defendant who has been punished for a relatively minor fine due to a violation of the Military Service Act twice, and in particular, there is no history of the same sex crime, and the victim does not want the punishment of the Defendant (the injured person expressed his will to accept the Defendant in the course of investigation). It is favorable for the Defendant.
In addition, considering the various circumstances that are conditions for sentencing, such as the defendant's age, sex, family relationship, and environment, and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is not recognized that the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.