성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
The defendant's appeal is dismissed.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the attachment order when it rendered a judgment of conviction on the part of the case of the defendant, and the defendant appealed only against this, and thus there is no benefit of appeal as to the part of the attachment order.
Therefore, notwithstanding the provisions of Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the attachment order case is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.
2. Summary of grounds for appeal;
A. Although the Defendant did not commit an indecent act in response to the victim’s sexual assault by force by mistake of fact, etc., the lower court found the Defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the instant facts charged (Indecent act such as deceptive scheme against minors under the age of 13), the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.
B. The sentencing of the lower court is too unreasonable.
3. Determination
A. The following circumstances, which were duly adopted and examined by the lower court regarding the assertion of mistake of fact, are determined by comprehensively taking account of the evidence duly adopted and examined by the lower court, i.e., (i) the victim initially displayed in the investigative agency the part of the Defendant’s Handphone, and (ii) the part of the Defendant
The defendant showed the significant part of the victim, and the victim showed.
When the injured party comes to his house, the mother told the injured party, and the mother called the accused and the accused was dead.
피고인이 피해자의 소중한 부분을 할 ” 이라고 진술하며 머뭇거리다가 종이에 “ 할 타어요 ”라고 직접 기재하여 피고인이 피해자의 음부를 핥았다는 취지의 진술을 하는 등으로 비교적 구체적이고 일관되게 피해사실을 진술한 점, ② 피해자는 광주 소재 외가에서 어머니와 함께 지내던 중...