Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

1. Summary of grounds for appeal;

A. The sentence (five years of imprisonment) imposed by the lower court on the Defendant and the respondent for an attachment order (hereinafter “Defendant”) is too unreasonable.

B. The Defendant’s improper issuance of an attachment order does not pose a risk of recidivism, and thus, the attachment order is unfair. Even if the necessity of the attachment order is recognized, the period of the attachment order for five years as determined by the lower court is too long.

2. Determination

A. As to the assertion of unfair sentencing, the scope of recommendation and sentence according to the sentencing guidelines of the Supreme Court on the instant crime by the Sentencing Commission shall be from 5 years to 6 months.

1. The scope of punishment: Imprisonment for a period of three years and six months to twenty-two years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crime: The basic area of the crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the determination of a type), the crime of rape (the persons aged 13 or older), the two types of crimes (the scope of recommendations and recommendations), the basic area of imprisonment, five years to eight years;

(b) Concurrent Crimes: The basic area of crimes of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (based on the relation of relatives), sex crimes, the crime of indecent act by compulsion (based on the persons aged 13 or older), the crime of indecent act by compulsion (based on the relation of relatives) and the two types (based on the recommended area and the scope of recommendations), the imprisonment between six and five years;

C. Many crime processing standards: 5 years to 10 years of imprisonment (=1/2 of the upper limit of concurrent crimes). The lower court sentenced 5 years of imprisonment corresponding to the lower limit of the recommended sentence.

The crime of this case is committed by rape and coercion by force on the part of the victim who believed the relationship between the victim and his family members, and responded to the request of the defendant for the settlement of sexual desire. The crime of this case is committed by force on the part of the victim, and the crime of this case is committed with very heavy anti-humanity, ② It is obvious that the victim was suffering from a sense of sexual humiliation which the victim would have been unable to cope with due to the crime of this case, and it seems that the victim and his family members would also have great mental shock and aftermatha.