Defendant

In addition, both the attachment order and the appeal by the respondent and the prosecutor for the probation order are dismissed.

1. In the instant case subject to a trial by the court, the Defendant and the person against whom the attachment order and the probation order are requested (hereinafter “Defendant”) filed, respectively, an appeal against the Defendant case and the prosecutor filed against the Defendant case and the request for the attachment order, respectively, against the first instance judgment, which were filed jointly with the specific crime accused case under the Act on the Electronic Monitoring, etc. of Electronic Devices (hereinafter “Electronic Device Attachment Act”).

However, since the defendant filed an appeal against the part of the defendant's case, it shall be deemed that the defendant filed an appeal against the claim for probation order accepted by the first instance court pursuant to Articles 21-8 and 9 (8) of the Electronic Monitoring Act, and therefore, the case of probation order shall also be included in the subject of the judgment of the court.

2. Summary of grounds for appeal;

A. The summary of the Defendant’s grounds for appeal (unfair form of punishment) recognizes all of his/her criminal acts and is against depth. The sentencing of the first instance court, which sentenced the Defendant to 12 years imprisonment, is too unreasonable in light of the circumstances where there is no record of punishment exceeding sexual crimes or fines prior to the instant case.

나. 검사의 항소이유의 요지 ⑴ 피고사건에 대하여 ㈎ 사실오인이나 법령위반(이유무죄 부분) 이 사건은 피고인이 친딸인 피해자가 13살 무렵이던 2008. 6. 무렵부터 22세에 이른 2017. 8. 무렵까지 장기간 수차례 성폭력범행을 저지른 사건으로 피고인의 2017. 8.무렵의 준강간의 범행과 피고인의 2013. 12. 무렵의 강간의 범행은 피해자가 단일하고, 모두 피고인의 집에서 피해자가 잠을 자고 있는 것을 이용하여 간음한 것으로 그 범행방법, 행위태양, 범행장소까지 동일하거나 유사하여 범의의 단일성도 충분히 인정되어 포괄일죄 관계에 있으므로 2017. 8. 무렵의...