성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
Sexual assault against the defendant for 80 hours.
The lower court rendered a not guilty verdict on the grounds of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the instant charges.
As to the remaining crimes for which only the defendant was found guilty, the prosecutor did not appeal for the reason that they were found guilty on the grounds that they were found guilty, the part of acquittal on the grounds of indivisible principle was also remanded to the court. However, even though the defendant was found guilty on the grounds of indivisible principle, it was already exempted from the object of attack and defense between the parties, and was de facto relieved from the object of attack and defense, and this court cannot make a decision on this part (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Therefore, with respect to the part of innocence on the grounds above, the conclusion of the judgment below should be followed, and it is not determined separately.
The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the punishment imposed by the court below (the imprisonment of 10 years, the imprisonment of 80 hours, and the completion of the sexual assault treatment program and the child abuse treatment program of 40 hours) is too unreasonable.
Judgment
Each of the crimes of this case is that the defendant, who is the father of the victimized person, committed several indecent acts, similar acts and physical abuse against the aged victim over a long time, and the crime is not always good.
With respect to each of the crimes of this case, the victim suffered physical suffering and impulses difficult to recover, and the result of each of the crimes of this case seems to have negative effects on the life of the victim for a long time.
However, it includes the fact that the defendant recognizes all of the crimes of this case and reflects the mistake, that there is no other criminal history against the defendant, that the victim desires to be sentenced to the reduction of the defendant's punishment in the trial of the party, and that it is difficult for the defendant to leave the court and raise three other crimes, including the victim, even under circumstances where it is difficult for him to do so.