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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In the instant charges against the Defendant and the person who requested an attachment order (hereinafter “Defendant”), the victims of misunderstanding of facts recognized that the first instance court was in a state of failing to resist, and found the Defendant and the person who requested the attachment order (hereinafter “Defendant”) guilty of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (rape in Relatives) and the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Quasi-Indecent Act in relation to relatives) was erroneous
B. The sentence imposed by the first instance court of unfair sentencing (seven years of imprisonment, etc.) is too unreasonable.
C. It is unfair that the first instance court ordered the attachment of an electronic tracking device even though the Defendant did not pose a risk of repeating a crime, and the period (10 years) is too long and unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the Defendant asserted the same purport in the first instance trial, and the first instance court acknowledged the fact that the victims were in the state of failing to resist at the time when the Defendant sexual intercourse or indecent act committed sexual intercourse with the victims by stating the reason in detail together with the relevant legal principles in the first instance trial.
The key issue of this case is whether the victims have been in cases where psychological or physical resistance is absolutely impossible or substantially difficult due to reasons other than the defect, and the records of this case are closely examined as follows, which can be known by the evidence duly admitted and investigated by the first instance court. ① The victims, after the father and the father, were divorced from the father, were living together with the defendant as they were the mother, and they could not escape D's happy life.