준강제추행상해등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. Summary of grounds for appeal;
A. Although the injury suffered by the victim, such as violation of the rules of evidence, can be naturally cured, the health condition is changed, or it is difficult to see that the function of life is hindered, the crime of quasi-indecent injury is not injured, the court below found guilty of the facts charged in this case. The court below erred in the misapprehension of the rules of evidence, incomplete hearing,
B. In light of the legal principle, the defendant and the person to whom the attachment order was requested (hereinafter the defendant) were drunk at the time of the crime in this case, and they did not constitute “free act in the cause” under Article 10(3) of the Criminal Act, but the court below rejected the defendant’s claim of mental and physical disability. Thus, the court below erred in the misapprehension of legal principle.
C. The lower court’s sentencing is too unreasonable.
It is unfair that the court below ordered the disclosure and notification of information on the defendant for five years, even though there are special circumstances that the disclosure and notification order should not be disclosed with the personal information of the defendant.
E. It is unreasonable for the court below to order the defendant to attach an electronic tracking device for 10 years, although the defendant was not in danger of sexual crime and recidivism.
2. Determination
A. If the injured party’s wife is extremely minor and so the injured party’s wife does not need treatment, and there is no difficulty in daily life even without treatment, and the injured party’s physical health condition was changed to the extent that it can be naturally cured following the lapse of the time, the injured party’s physical condition was changed to the injured party’s body.
Although it is difficult to see that there is a disability in the function of life or life, it cannot be said that it constitutes an injury to the crime of indecent act by compulsion. However, there is no assault or threat to suppress the victim's resistance.