성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven years.
A sexual assault therapy program against the defendant.
Summary of Grounds for Appeal
The punishment (eight years of imprisonment) imposed by the court below on the defendant and the person subject to the request for attachment order (hereinafter referred to as the "defendant") shall be too unreasonable.
Judgment
As to the judgment on the part of the defendant's case, the defendant recognized all of the crimes of this case and divided the errors in depth, and the fact that the defendant does not have the same criminal power is favorable to the defendant.
On the other hand, the crime of this case is committed by the defendant, who is in a position to rear and protect the victim as the father of the victim, who was divorced from his wife around the third year of age, and the wife tried to rear the victim without contact with the victim, and as the group home facility, which was brought up by the wife according to the wife’s renunciation of custody, was closed, and as it was difficult to care the victim around the end of December 2014, it was difficult for the victim to take care of the victim, and at the end of February 2015, he was placed at the victim for more than three months at the defendant’s house, and at the end of February, 2015, he abused the victim who is 12 years of age or commits quasi-rape and indecent act, and the crime is very bad in quality. The crime of this case is committed by the crime of this case, and the victim appears to have been punished against the defendant.
The above circumstances and the defendant's age, character and conduct, environment, etc., all the sentencing conditions shown in the arguments in this case, and the sentencing guidelines set up by the Supreme Court Sentencing Commission / [the scope of recommendation / [the scope of recommendation ] the category 5 (Rape) and the basic area (8-12) [the scope of recommendation / [8-12] of the sex offenses subject to the age of 13] and the basic area (4-7) of the basic area (4-7 years) of the sex offenses subject to the age of 13 [the scope of recommendation / general standards] of the third / [the scope of recommendation / general standards] of the crimes subject to the age of 13].