The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for ten years.

For the defendant.

1. The lower court’s sentencing (12 years of imprisonment) against the Defendant and the person against whom the attachment order is requested (hereinafter “Defendant”) is too unreasonable as to the gist of the grounds for appeal.

2. Determination

A. As the father of the victim in the part of the Defendant case, the Defendant, who is obliged to rear and protect the victim, was able to commit quasi-rape by using the victim’s psychological and mental state of refusal to resist, due to the following circumstances: (a) the victim’s psychological and mental state of refusal to resist was 5 years of age; (b) the victim was 7 years of age to 15 years of age; (c) the victim was imprising or assaulted.

The victims of a young age who should have a thorough care from the parents are rather sexual abuse and assaulted by the defendant, and are faced with problems such as emotional anxiety, suspension of studies, and running away from school.

On the other hand, after the result of the psychological physiological test conducted by an investigative agency, the Defendant made a confession of all of the instant crimes, committed the crime by death to the victim, and divided the errors, and is not healthy due to urology, etc.

After the decision of the court below, the victim accepted the recommendation of the grandparent and decided to use the defendant, and submitted a written agreement and a written application to request the defendant to treat the defendant.

In full view of these circumstances, the sentencing of the court below is deemed unfair, considering the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, conditions of sentencing, circumstances after the crime, and sentencing guidelines for the enactment of the Supreme Court's Sentencing Committee.

The defendant's assertion of unfair sentencing is justified.

B. The part of the case for which the appeal is deemed filed is subject to Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders by filing an appeal against the accused case.