성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
All appeals filed by the defendant, the person subject to attachment order, the person subject to medical treatment order and the prosecutor shall be dismissed.
1. The summary of the grounds for appeal, the defendant, the person to whom the attachment order was requested and the person to whom the attachment order was requested (hereinafter "defendant") asserts that the court below's punishment (12 years of imprisonment) is too unreasonable, and the prosecutor asserts that it is improper that the court below's punishment is too uneasible and unfair.
2. Determination
A. As to the Defendant’s and prosecutor’s assertion of unreasonable sentencing regarding the Defendant’s case, most of the Defendant recognized the Defendant’s mistake and reflected the Defendant’s intention to administer sexual impulse medication, etc. are favorable to the Defendant.
Meanwhile, the Defendant committed a second sexual crime against female children at an elementary school or in its neighborhood where he had been punished twice (in particular, the criminal facts of the case sentenced to imprisonment with prison labor for three and a half years on April 2002 are similar to each of the crimes in this case in that he committed a crime against female children by carrying blades, etc. over three times, and committed a crime against them). The Defendant, in order to satisfy his sexual needs, by compulsion or rape of minor victims, taken several times the negative parts of female children by Kamera, and the fact that the victims and their families were likely to suffer from irrecoverable psychological impulses, and that they might have adverse impact on the growth process of their age, etc. are disadvantageous to the Defendant.
In light of the above circumstances, the lower court’s sentence sentenced within the scope of recommended sentencing guidelines (at least 11 years of imprisonment) cannot be deemed to be too heavy or unreasonable.
B. Regarding the attachment order and the part of the medical treatment order, the defendant does not claim specific grounds for appeal regarding the attachment order and the medical treatment order.
In light of the fact that the defendant's current age (the age of 65) and the sentence of 12 years is scheduled to be executed for a long time.