성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault against the defendant for forty hours.
1. The court below rendered a judgment dismissing the prosecutor’s request with respect to the case of the defendant, and with respect to the case of the case of the request for attachment order, only the defendant appealed. Thus, the part of the request for attachment order does not have any interest in appeal.
Therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the request for attachment order is excluded from the scope of the trial of this court.
2. Summary of reasons for appeal;
A. Mental and physical disorder: The Defendant was in a state of mental and physical loss or mental weakness while drunk at the time of committing each of the instant crimes.
B. Sentencing: The sentence of the lower court (a five years of imprisonment, and a 40-hour program program program program program order) is too unreasonable.
3. Determination
A. We examine ex officio prior to the judgment on the reasons for the appeal of changes in indictment.
In the first instance trial, the Prosecutor added “Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes” to “Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the similarity of minors under the age of 13)” to “Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the indecent act, such as a deceptive act by a minor under the age of 13), and the Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the indecent act by force),” to the name of the crime. The Prosecutor added “Article 7(4), 5(2), and 7(5) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act,” and “In the end, the Defendant committed an indecent act against a victim under the age of 13, and committed an indecent act at the same time, as a relative.”
“In the end, the Defendant committed an act of similarity to a victim under the age of 13 and committed an indecent act by force against a relative.
“Ro.... 1(b) is not capable of resisting by the Party.”