성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for six years.
80 hours per the defendant.
1. Summary of grounds for appeal;
A. Defendant and the person who requested an attachment order (hereinafter “Defendant”) to be mistaken for the fact that the Defendant and the person who requested the attachment order (hereinafter “Defendant”) are the same as the facts stated in the judgment below.
(b) and each of the offences described in paragraphs 1 and 2-a. There is no fact that the victim has been quasi-rapeed or has been similar to the victim, such as described in paragraphs 1 and 2-a.
The victim failed to consistently state his position, etc., and the structure of the room where the crime of quasi-rape of this case was committed, the Defendant cannot normally enjoy the same, and the victim’s appearance is practically impossible to engage in sexual intercourse, and the statements made by the victim are inconsistent with the statements made by the victim, such as her friendliness.
Nevertheless, the judgment of the court below that found the victim's statement, etc. without credibility as evidence, guilty of this part of the facts charged, which affected the conclusion of the judgment.
2) The sentence sentenced by the lower court to the Defendant (eight years of imprisonment, 80 hours of order to complete the course) is too unreasonable.
B. Prosecutor 1) The sentence sentenced by the lower court against the Defendant, which was unfair in sentencing, is too uneasible and unfair.
B) It is unreasonable for the lower court to exempt the disclosure notification order, in the absence of special circumstances that would not give notice of the personal information of the accused to the public.
2) It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case even if the part of the request for attachment order is likely to recommit a sexual crime
2. Determination on the defendant's case
A. We examine ex officio prior to the judgment on the grounds for ex officio appeal.
1) The offense of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (rape-rapes against minors under the age of 13) or violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (similars to minors under the age of 13) is sexual intercourse with another person under the age of 13 by taking advantage of his/her mental or physical loss