Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The punishment of the lower court (five years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the assertion of unfair sentencing by the defendant and prosecutor, the defendant has no record of criminal punishment except for a fine imposed once due to the violation of the Road Traffic Act, and the defendant reflects his fault in depth, and the mother of the victim and the victim are in the favor of the defendant, and the defendant must support his/her family, including the victim, is favorable to the defendant.

However, although the crime of this case was committed by the defendant as his father, the victim has to be protected and brought up as his father, but rather, he has been raped continuously for not less than one year, and it is extremely poor in view of the applicable law and content of the crime.

In particular, the Defendant threatened the victim with sexual assault in the situation where the female her mother is diving from the side.

Due to such an anti-human act committed by the defendant, the victim, who is a high school student, was suffering from difficult physical and mental pain, and accordingly, it is clear that the victim will be a major obstacle to grow into a healthy and harmonious personality body.

Therefore, the defendant can not be subject to strict punishment corresponding to his criminal liability.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is deemed to be within the appropriate range of sentence corresponding to the Defendant’s liability, and the sentence is too too.