The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

(b) the defendant;

1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the Defendant was found guilty and the case for which the attachment order was requested.

Despite the provision of Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Devices Attachment, this part was excluded from the scope of the trial of this court because there is no benefit to appeal regarding the part of the case for which the attachment order is requested.

2. The summary of the grounds for appeal (unfair sentencing) is too unreasonable.

3. The crime of this case is committed by the defendant, who is in a position to rear and protect the victim in a sound manner as a relative of the victim, committed an indecent act by force against the victim 14 years old or older, and used violence against the victim several times, and the nature and circumstances of the crime are very heavy. Accordingly, the victim seems to have suffered severe sexual humiliation and physical mental pain, and the victim's suffering is likely to cause trouble to the formation of a sound sexual identity and personality because it is difficult for the victim to recover easily.

Since there is no history of criminal punishment against the defendant, the defendant recognized the crime of this case and reflects his mistake, the defendant has divorced from the mother of the victim, and the mother of the victim decided to rear the victim, the defendant is less likely to again stop the crime against the victim, and the victim expressed his/her intent that he/she does not want the punishment against the defendant in the first instance, etc. are favorable to the defendant.

In addition, various circumstances, such as the defendant's age, sex, environment, family relationship, motive, means and result of the crime, the circumstances after the crime, etc., and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.