성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. Summary of grounds for appeal;
A. The sentence (eight years of imprisonment) imposed by the lower court on the Defendant and the person for whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.
B. It is unreasonable for the court below to order the defendant to attach an electronic tracking device although the defendant does not pose a risk of recommitting a sexual crime.
2. Determination
A. The Defendant of the Defendant case has no record of committing the instant crime, and is against his mistake while recognizing all of the instant crimes.
Even the family members and branch members of the defendant want to be the wife of the defendant.
However, the defendant, who is a child under his/her protection, had been raped or forced by indecent act over a long period of one year by taking into account the victim's age, who is a child under his/her protection.
As a result, the victims suffered physical or mental pain which is difficult to recover through life, and there is a high risk that they will suffer from legacy for a long time in the future.
Nevertheless, the Defendant did not take any measures to recover damage.
In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the instant pleadings, such as the circumstances after the crime, and the sentence of the lower court is within the scope of the recommended sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.
Therefore, the defendant's above assertion is without merit.
B. The lower court determined that the Defendant committed a sexual crime against the victim under the age of 19, and that the risk of recidivism was recognized, and ordered the Defendant to attach an electronic tracking device for seven years, based on the following circumstances: (a) the Defendant committed a sexual crime against the victim under the age of 19.
In light of the records, the above judgment of the court below is just, and this part of the defendant's assertion is justified.