성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
Article 1-2 of the Judgment of the court below
(a).
The part of the crime and the part of the case of the attachment order shall be reversed.
1. Summary of grounds for appeal;
A. The defendant and the respondent for an attachment order 1) The part of the defendant's case 1) facts constituting a mistake of facts as stated in the original judgment
(a) through (c);
Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”); and
The facts constituting the crime No. 1 of the judgment below
(a) through (c);
Despite the fact that there was no rape between the victim C as stated in each of the above facts of the crime, the court below convicted the victim C's investigative agency and the court below of this part of the charges by taking each of the statements at the court below's discretion without credibility. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B) The decision of the court below on the sentencing of unfair sentencing (the first decision of the court below)
(a).
5 years of imprisonment with prison labor for crimes, No. 1 of the holding of the court below
(c).
It is unfair for the court below to order the defendant to attach an electronic tracking device for 10 years in the part of the case of the request for attachment order. 2) It is unfair for the court below to order the defendant to attach an electronic tracking device for 10 years.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant and the prosecutor as to the accused case.
In the first instance, among the facts charged in the instant case, the prosecutor committed a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape in Relatives) between October 13, 201 and October 19, 201 and a violation of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse (Rape in Relatives) around 18:00 on the date from October 13, 201 to October 19, 201.
Paragraph 1) stated that the date of the crime under the Act was “18:00 as of October 13, 201 to October 19, 201,” and the court applied for permission to amend the Bill of Indictment with the effect that “18:00 as of October 29, 201 to November 4, 201” was changed to “18:0 as of October 29, 201 to November 4, 201.”