성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment below
The part of the defendant and the respondent for an attachment order shall be reversed.
Defendant shall be punished by imprisonment for five years.
1. Summary of grounds for appeal;
A. The lower court’s sentencing is too unreasonable.
B. It is unreasonable for the lower court to order the disclosure and notification of the information of the Defendant for seven years, even in extenuating circumstances where the disclosure of personal information of the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) should not be disclosed.
C. It is unreasonable that the court below ordered the defendant to attach an electronic tracking device for 10 years, although there is no risk of recidivism of sexual crimes against the defendant who was improper in issuing an attachment order.
2. Determination
A. The Defendant’s crime of this case regarding the assertion of unfair sentencing is deemed unfair considering the following: (a) the Defendant’s crime of this case as to the assertion of unfair sentencing is likely to have a very heavy nature of the crime by forcing the victim to commit an indecent act on several occasions by using authority as a relative of the victim; and (b) there is a high possibility of criticism in society and morally. However, there is a need for strict punishment against the Defendant. However, the Defendant’s mistake is divided; (c) the Defendant is the primary offender; (d) the Defendant was the first offender; and (e) the Defendant was lying the Defendant’s wife by mutual consent with the victim during the trial; and (e) other conditions of sentencing as indicated in the instant argument, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime; and (e) circumstances after the crime, etc., the lower court’s punishment is too excessive and unreasonable. Accordingly, this part of the Defendant’s assertion is reasonable; and (e) the Act on Special Cases Concerning the Punishment of Sexual Crimes and the Protection of Children and Juveniles against Sexual Abuse.