성폭력범죄의처벌등에관한특례법위반(특수강도강제추행)등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Defendant
In addition, the person who requested the attachment order.
1. Each of the statements in the grounds for appeal filed on January 22, 2018 (Supplementary Reasons) and the defense counsel’s written opinion filed on March 30, 2018, which were not timely filed, are deemed to the extent that the grounds for appeal are supplemented.
A. Part 1 of the case against Defendant 1 of this case is true misunderstanding (related to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts by Special Robbery) / The Defendant and the requester for an attachment order (hereinafter “Defendant”) have taken the property by force with the suppression of the victim’s resistance at the time, but there was no indecent act by force against panty by raising the victim’s pathm and getting off panty.
Therefore, the charge of forced indecent acts among the facts charged is not guilty.
Although the court below found the defendant guilty, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2) Physical and mental weakness (related to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct by Forced Special Robbery)) was diagnosed during the life of the police officer in 2014, and the Defendant was diagnosed by the police officer during the process of committing this part of the crime, and was mentally and physically in a state of mental weakness by taking 4 sick and Mauritius 12 sick prior to committing this part
3) The punishment sentenced by the lower court (one year of imprisonment, etc.) is too unreasonable.
B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for 10 years, even though the Defendant does not have any risk of sexual assault and recidivism in the part of the case where the attachment order is applied.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Defendant’s assertion of mistake, the lower court can sufficiently recognize the fact that the Defendant forcedly committed indecent acts by raising the victim’s panty and panty, which was in an unspanched situation at the time, by taking account of the following facts and circumstances.
Therefore, the defendant's assertion of mistake is rejected.
(1) The aggrieved person shall start from the first police investigation that "the accused gets together with things."