아동ㆍ청소년의성보호에관한법률위반(강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for three years from the date this judgment becomes final and conclusive.
Summary of Grounds for Appeal
Defendant
In addition, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") asserts the misunderstanding of the part of the defendant's case or the misunderstanding of the legal principles (the part concerning the crime of Paragraph 2 in the original trial) that the defendant tried to be out of the victim's rooming, and the defendant did not commit any indecent act by force against the victim as stated in this part of the crime, such as this part of the crime, and did not intend to commit an indecent act even if the victim's sound book
In light of the agreement with the victims of the allegation of unfair sentencing, the punishment imposed by the court below on the accused (one year and six months of imprisonment) is too unreasonable.
In light of the defendant's age, character and behavior, environment, degree of risk of recidivism, impact on the defendant's family members' living, etc., the order of disclosure of personal information for three years issued by the court below is unfair.
The court below's order to attach an electronic tracking device for five years, although the defendant does not pose a risk of recommitting a sexual crime on the part of the request for attachment order.
In light of the mental suffering, etc. of victims from each of the crimes in this case, the sentence imposed by the court below against the defendant is too uneasible and unfair.
Judgment
According to the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts or misapprehension of legal principles on the part of the defendant's case (the part concerning the crime of Paragraph 2 in the original trial case), the victim makes a consistent and concrete statement at the police: (i) "the defendant put the left hand into the part of the victim's body and stated about five times the victim's sexual organ"; and (ii) the defendant himself must not be allowed from the police to go off the victim's body.