Judgment

The fact that there is no record of criminal punishment against the defendant, and that the defendant denies the crime from the investigation stage to the original trial, but the appellate court has judged all the crimes and shown the attitude of misunderstanding the errors, etc. shall be considered as favorable to the defendant.

However, the crime of this case is committed continuously by the defendant's sexual intercourse with the victim who is a relative, and the crime of this case is not very good in light of the content, period, frequency, means and method of the crime, and the degree of damage caused by the crime.

In particular, the victim was 13 years old at the time of each of the crimes in this case with 205, and was 3 years old at the time of the crimes in this case.

It is clear that the victim suffered a serious mental pain due to the crime of this case, and it seems that considerable time and effort are needed to overcome this.

Nevertheless, the Defendant, rather than trying to recover from damage, did not appear to have committed a mistake for a considerable period of time, such as proving that “the victim was satisfed only once on the clothes that he was satched by the victim,” and did not receive a letter from the victim or her mother.

In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., even considering the sentencing conditions favorable to the Defendant, the sentence of the lower court cannot be deemed to have exceeded the reasonable scope of discretion by excessively neglecting the Defendant’s sentencing conditions.

Defendant

The argument is without merit.

Article 29-3 of the Child Welfare Act (Act No. 15889) which was amended on December 11, 2018 and enforced on June 12, 2019, imposes a sentence on a child abuse-related crime.