성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
The defendant's appeal is dismissed.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding a prosecuted case and the attachment order case, but the only defendant appealeds against the judgment. As such, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders does not apply to the part of the attachment order case as there is no benefit of appeal.
Therefore, the part of the attachment order case is excluded from the scope of the trial of this court (see Supreme Court Decision 82Do2823, 82Do611, Jan. 18, 1983, etc.). 2. Summary of the grounds for appeal
A. There is no misunderstanding of facts in the judgment of the court below, as stated in the first, second and fourth facts constituting a crime in the judgment of the court below, and there is no fact that the Defendant was frightened with the Defendant’s sexual organ.
B. At the time of each of the instant crimes, the Defendant was in a state of mental disability with which he/she cannot control himself/herself as he/she had sexual intercourse.
C. The lower court’s punishment on the Defendant of unreasonable sentencing (a four years of imprisonment, an order to disclose and notify information for five years, and an order to attend a sexual assault treatment program for 80 hours) is too unreasonable.
3. Determination
A. As to the Defendant’s assertion of mistake of facts, the lower court asserted the same purport as that of this part of the grounds for appeal at the lower court, and the lower court rejected the above assertion in detail under the title “judgment on the Defendant and the defense counsel’s assertion” in the fourth-9 of the judgment.
Examining the above judgment of the court below after comparing it with the records, it is just, and there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.
Therefore, the defendant's assertion of mistake is without merit.
B. As to the assertion of mental disability, the circumstances leading up to each of the crimes of this case, the means and methods of the crime, and the circumstances after the crime are committed.