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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2 years and six months of imprisonment, order to complete a program) is too unreasonable.
2. The Defendant appears to have led to the confession and reflect of each of the instant crimes.
The Defendant is an initial offender who had no record of criminal punishment prior to the instant case.
The defendant's custody of the defendant is likely to cause economic difficulties to his or her dependents when the defendant's custody is continued, because the defendant has to support his or her mother and child who is not good in health condition.
However, each of the crimes of this case committed by the defendant, who is a victim's relative, who is 12 years of age with intellectual disability, commits an indecent act by drinking away from the victim's clothes, and cutting off the victim's clothes, and cutting off the body and cutting down the victim's clothes, was attempted to commit rape, and committed an attempted rape.
Although the defendant, as his father, has a responsibility to protect and rear the victims so that they may grow healthy, he committed an anti-humanistic crime which is hard to understand by taking them as the object of eliminating sexual desire.
The victim appears to have suffered from severe mental impulse and pain due to each of the crimes in this case, and is likely to have a very negative impact on establishing sexual identity or values in the future growth process.
"Abstinence of punishment" serving as mitigation factors in the sentencing guidelines for sex offenses means a case where a defendant is able to repent of his/her crime with a serious effort to reach an agreement, and the victim is accurately aware of the legal meaning of the committee of punishment and does not want the punishment of the defendant.
When the victim is a minor, relative, etc., it shall not be included in cases where it is deemed that there is no reason to generally understand the punishment of the victim or his/her legal representative, but the victim has expressed his/her intention not to punish.