The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Sexual assault, 80 hours against the defendant.

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (10 years of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case in the part of the Defendant case is very heavy in light of the relationship between the Defendant and the Defendant, the victim’s age, the degree, duration, frequency, and method of rape, etc., where the Defendant and the person to whom the attachment order was requested (hereinafter “the Defendant”) continuously raped the victim who is one’s friendship.

In particular, the defendant has taken her child who must be seriously protected and nurtured as a tool to resolve sexual humiliations, and it seems that the victim had suffered serious physical and mental pain in the process. Therefore, the defendant's crime is considered an offense that cannot be used.

However, in light of the Defendant’s age, character and conduct, environment, motive and circumstance of the offense, the means and consequence of the offense, and other various sentencing conditions indicated in the record, such as the circumstances after the offense, it seems that the Defendant’s punishment against the Defendant is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is justified.

B. As long as the defendant has lodged an appeal against a prosecuted case, it is deemed that an appeal has also been filed against an attachment order case pursuant to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, however, there is no statement in the grounds of appeal or petition of appeal concerning the defendant and his/her defense counsel.

However, Articles 3 and 9 of the Addenda to the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders (amended by Act No. 11558, Dec. 18, 2012) (amended by Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders) (amended by Act No. 11558, Apr. 15, 2010) are as follows.