The judgment below

The appeal filed by both the defendant and the prosecutor on the part of the defendant case shall be dismissed.

The judgment below

(2).

1. Summary of grounds for appeal;

A. In light of the fact that the defendant is against his mistake, and that he is the way to fully pay even some of his responsibilities as his father who did not help the victim with money as soon as possible after having released from the court below, the punishment of imprisonment (12 years of imprisonment, etc.) imposed by the court below is too unreasonable.

B. A prosecutor 1) In light of the gravity of the instant crime, the attitude after the Defendant committed the instant crime, the severity of damage, the victim’s severe carbon level, and the necessity of strict countermeasures against the child sexual assault crime, etc., the sentence imposed by the lower court is too uneasible and unreasonable. 2) Although the risk of recidivism is apparent in light of the Defendant’s repeated rape on several occasions, the lower court dismissed the request for an attachment order of an electronic device unlawfully by misunderstanding the facts.

2. Determination

A. As to the part of the Defendant’s case (hereinafter “Defendant’s case”), the instant crime was committed on a continuous basis by compulsion and rape of the Defendant, from 11 to 13 years of age, and the Defendant’s obligation as a father to protect and rear the victim is an anti-humane crime. The victim took the body and mind that it is difficult for the Defendant to recover from a serious injury that could not be explained by his father in any manner, and thus, the Defendant must be punished strictly. Meanwhile, the Defendant appears to have recognized and reflected all of the instant crimes from the early stage of the investigation; the Defendant did not have any specific criminal history in addition to the Defendant who was fined three times due to the violation of the Road Traffic Act; the Defendant’s age, character and environment, motive, means and consequence of the instant crime; and the application of sentencing guidelines set forth in the Criminal Procedure Committee’s sentencing guidelines as a whole, such as the conditions and result of the crime after the crime.