아동ㆍ청소년의성보호에관한법률위반(강간)
The defendant's appeal is dismissed.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order when it rendered a judgment of conviction on the part of the case of the defendant, and the defendant appealed only against this, and thus there is no benefit of appeal as to the part of the attachment order.
Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the attachment order case is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.
2. The lower court’s sentencing is too unreasonable on the gist of the grounds of appeal.
3. It is recognized that the defendant made a confession of the crime of this case and misunderstanding his mistake when he was found to be guilty.
However, the Defendant again committed the instant crime during the period of repeated crime, and the instant crime was committed by the Defendant, at his own home, by rapeing the victim, who is a juvenile, including the victim, and other people, and the nature of the crime is not good. The instant crime, which led to the instant crime, led the victim to having a considerable mental suffering and pain, did not agree with the victim up to the time of the instant crime; the Defendant did not agree with the victim; and taking into account the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable. Thus, the Defendant’s above assertion is without merit.
4. 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.