All appeals filed by the defendant and prosecutor are dismissed.

Summary of Grounds for Appeal

The defendant asserts that the sentence imposed by the court below (six years of imprisonment) is too heavy.

On the other hand, the prosecutor asserts that the sentence is too unfortunate, and that it is also unfair to exempt the disclosure notification order even though it is dangerous to repeat the crime.

In light of the following circumstances: (a) whether or not an unreasonable sentencing is unfair or not the victim’s sexual desire was taken into consideration by looking at the victim who needs to be protected and considered as his/her friendship; (b) the victim committed an anti-human act repeatedly from the date on which he/she was a middle school student to the point on which he/she had sexual intercourse with the victim, and (c) he/she committed an indecent act or attempted to have sexual intercourse for several years from the date on which he/she was a middle school student; and (d) the nature and circumstances of the crime are extremely poor; and (e) the victim suffered from irrecoverable mental harm; (b) on the other hand, the Defendant’s mistake is against himself/herself; (c) there was no past history of criminal punishment so far; and (d) other favorable factors of sentencing indicated in the record, such as the victim’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., it cannot be deemed that it is unreasonable to deem that the lower court’s punishment is too heavy or une.

In full view of all the circumstances, including the fact that the accused has no record on disclosure of disclosure and the accused has no record of committing a sexual crime, it is difficult to readily conclude that there is a risk of committing a sexual crime again. As seen in this case, in the case where the accused and the victim are in a relationship of relatives, the public perusal of disclosure information may identify the victim based on the disclosure information of the accused, and thus, it may be achieved by an order of disclosure or notification due to the characteristics of the crime