성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Part of the judgment of the court below which is guilty and not guilty.
1. Summary of grounds for appeal;
A. Of the lower judgment, the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) (hereinafter “Defendant”), the Defendant reported Mano-dong image by a computer when the victim was self-employed, but the victim was shouldered, and there was no fact that the Defendant had the victim kneee and knee and displayed Mano-dong image.
(2) The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.
B. A prosecutor (1) In full view of the following facts: (a) the victim’s 2 and 3 times statements of the victim of mistake of facts regarding the acquitted portion among the judgment below were more concrete than once, and the contents of the statement are not fully consistent with each other; (b) the victim’s nature and age, and the crime of this case were committed in a manner similar to the victim’s criminal act; (c) there is no circumstance to specifically suspect the credibility of the victim’s statement; and (d) the victim’s pre-determination of the victim’s mother was difficult to be involved in the victim’s injury as the victim’s mother did not have any actual relationship with
3. A person who commits an indecent act against the victim while showing Mano video by the victim around May 201, while committing an indecent act on or around July 201, may be recognized as committing an act of similarity by putting his/her fingers into the negative part of the victim.
(2) The lower court’s sentence imposed on the Defendant is too unjustifiable and unreasonable.
(3) It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order regarding the attachment order case.
2. From among the accused cases, the part guilty and the part not guilty (a minor similar act under the age of 13) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the part concerning the request for attachment order, the health unit and the prosecutor's examination ex officio prior to the judgment on the grounds of appeal ex officio.