Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. The sentence of the lower court (nine years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

B) In light of the type of the act of the accused and the respondent for the attachment order (hereinafter “Defendant”), the disadvantage and side effect of the accused due to the disclosure notification order cannot be more favorable than the profit and preventive effect expected due to the disclosure notification order. Therefore, it is unreasonable for the lower court to exempt the Defendant from the disclosure notification order of personal information.

2) The lower court’s dismissal of the Defendant’s request for attachment order of an electronic device is unreasonable.

2. Determination

A. The court below held that the defendant's wrongful argument of sentencing of the defendant and the prosecutor is unfair, and the defendant's mistake is divided, and the defendant has no record of punishment for the same crime is favorable to the defendant. However, the defendant has sexual intercourse three times with the victim who is his father with intellectual disability, and the victim has suffered physical and mental pain which cannot be done by life-time cleaning, such as giving birth to the defendant, and the victim has not been able to take advantage of the defendant's child, and the crime of this case and the crime of this case are very heavy and highly likely to be subject to social criticism, the court below sentenced the defendant to nine years of imprisonment.

In full view of the above sentencing conditions and the defendant's act at the appellate court, the court below determined that the family relationship has broken down due to his own act, while the sentence imposed by the court below does not go beyond the scope of the recommended punishment according to the sentencing guidelines established by the Supreme Court sentencing committee, and the defendant's age, sexual behavior, environment, etc., the court below's decision against the defendant.