성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
The defendant's appeal is dismissed.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the attachment order case and the protective observation order case when it rendered a judgment of conviction on the part of the defendant, and the part of the attachment order and the protective observation order case were appealed only by the defendant. Thus, there is no benefit of appeal regarding the attachment order case and the protective observation order part.
Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders, the part of the judgment of the court below concerning attachment order and protective observation order 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. The judgment is recognized that the defendant repents his mistake, and that the defendant has no criminal record for the same kind of offense.
However, the crime of this case is committed by the defendant several times to spread the body pictures of the victims of relatives.
Rape of the victim by intimidation, etc., making the victim do not have any duty, photograph the body of the victim who may cause a sense of sexual shame by using a mobile phone with a camera function against his will, and the nature of the crime is not good. The crime of this case was committed by intimidation, that the victim was aware of considerable mental suffering and pain, that the victim did not agree with the victim up to the trial of the case, that the victim was punished by the victim because he did not agree with the victim until the trial of the case, and that other conditions of sentencing specified in the arguments of this case are considered in light of the defendant's age, sexual behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the above assertion by the defendant 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 ordered as per Disposition.