성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Defendant
In addition, all appeals filed by the respondent for the attachment order, the requester for the protective order, and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Although the defendant and the respondent for the attachment order, the requester for the attachment order, and the requester for the attachment order (hereinafter the defendant) did not have committed an indecent act by force on the victim's chests and sound part, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the legal principles.
2) The lower court’s improper sentencing is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uncomfortable.
2) Although there is no special circumstance that the court below did not issue an order to disclose or notify the information to the defendant, it is improper that the court below did not issue an order to disclose or notify the information to the defendant.
3) Although the criminal defendant, who was improper in issuing the attachment order, committed a sexual crime against a person under the age of 19 and was at risk of reoffending, the court below's dismissal of the request for the attachment order of this case
2. Determination
A. Part 1 of the case concerning the defendant's assertion that the defendant's mistake of facts was identical to that of the above facts in the court below, and the court below rejected the above assertion by giving a detailed statement on the decision.
In light of the evidence duly adopted and examined by the court below, the judgment of the court below is justified, and the defendant's above assertion is without merit.
2) Considering the fact that the instant crime was committed by the Defendant by force against the victim under the age of 13 and the Defendant did not agree with the victim, strict punishment against the Defendant is necessary.
However, in comparison with the court below, the defendant is the first offender old, the defendant is also sentenced to protection observation and lecture order along with the suspended sentence of imprisonment.