성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for twelve years.
The personal information of the defendant shall be for ten years.
1. Summary of grounds for appeal;
A. Part 1 of the Defendant’s case was found to have been in a state of mental disorder due to the decline in the power of separation and control due to mental disorder, such as yellow disorder and depression, at the time of each of the instant crimes. 2) The sentence of the lower court on unreasonable sentencing is too unreasonable.
B. In the part of the attachment order case, the attachment period of the lower court’s location tracking device is too long and unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the argument on mental disorder 1) since it is not recognized that the defendant was unable or weak in the ability to discern things or make decisions due to the fall of his ability to discern things, due to the fall of his ability to distinguish things or the control power due to the depression, depression, etc. at the time of each of the crimes in this case, this part of the defendant's assertion is without merit. 2) Each of the crimes in this case concerning the argument on unfair sentencing is rape and indecent act by force for three years by the defendant, and the nature of the crime is extremely poor and highly weak, and the possibility of criticism is very high, and the victim and his family members are obviously subject to heavy mental impulse.
However, in full view of all the sentencing conditions, including the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence, etc., the lower court’s punishment is too unreasonable since it is deemed that the Defendant’s punishment is too unreasonable, given that the Defendant’s assertion on this part is well-grounded.
B. In light of the relevant provisions of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders as to the attachment order case, the judgment of the court below on the prosecuted case is unlawful and the part concerning the prosecuted case among the judgment below is reversed.