성폭력범죄의처벌등에관한특례법위반(장애인준유사성행위)등
Defendant
In addition, appeal by the person who requested probation order is dismissed.
1. The main point of the grounds for appeal is that the lower court’s punishment (five years of imprisonment) against the Defendant and the person requesting probation order (hereinafter “Defendant”) is too unreasonable.
2. Determination
A. On the part of the Defendant case, the Defendant recognized all of the crimes of this case, against the mistake, and did not have any record of punishment for sexual crimes.
The criminal defendant's punishment and son want their wife against the defendant.
However, the crime of this case is very bad in light of the method and contents of the crime, frequency and duration of the crime, the age of the victim and the relationship between the defendant and the victim, etc.
Although the defendant is in a position to protect and rear the victim so that the victim can grow healthy, he/she has repeatedly committed a crime against humanity against the victim.
The victims of the young age at the time of forming a sexual identity and values seem to have suffered a big pain and sexual humiliation due to the above crime by the defendant.
The defendant has not yet been urged from the victim.
In full view of such circumstances as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., as well as all of the sentencing conditions indicated in the records of the instant case, including the circumstances after the crime, and where there is no change in the sentencing conditions compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is unreasonable to respect them.
Therefore, this part of the defendant's argument cannot be accepted.
B. As long as the defendant has lodged an appeal against a prosecuted case, probation and the attachment of an electronic device against a specific offender, etc. in the part of the request for probation order.