성폭력범죄의처벌등에관한특례법위반(특수강간)등
The conviction part among the defendant's case of the judgment below shall be reversed.
A defendant shall be punished by imprisonment for one year.
(2).
1. Summary of grounds for appeal;
A. The defendant and the person against whom the attachment order was requested (hereinafter only referred to as the defendant) 1 of the erroneous determination of facts [the guilty part of the judgment of the court below which found the defendant guilty of this part of the facts charged is unreasonable because the defendant, who was faced beyond the scope of exemption from water from the body of the defendant in G around the date specified in this part of the facts charged, was physically deprived of the victim's body while the victim was suffering from the body of the victim. Although the defendant showed food blades of the victim as stated in this part of the facts charged in this part of the judgment of the court below, he was guilty of this part of the facts charged because there was no misunderstanding of facts and there was no injury caused by intimidation or rape or by confinement of the victim as stated in this part of the facts charged. 2) The sentence of imprisonment (3 years and six months, etc.) of the judgment of the court below against the defendant in unfair sentencing is too excessive.
B. A prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (not guilty part of the judgment of the court below) concerning each of the facts charged, despite credibility, the court below found the victim not guilty of each of the facts charged by misunderstanding of facts or misunderstanding of legal principles that the victim's statement was not reliable.
B) Although the sentence imposed by the lower court on the Defendant of unreasonable sentencing is too unjustifiable and unreasonable, there cannot be a special circumstance to not disclose and notify the Defendant of the disclosure notification order’s new information on the Defendant, the lower court’s failure to issue the disclosure notification order is unreasonable.
2) It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order even though the Defendant high risk of recidivism. 2. Determination on the Defendant’s assertion of misunderstanding of facts on the guilty part of the judgment of the lower court [the Defendant’s injury caused by confinement from violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Special Rape) and from October 19 to October 20 of the same month
A. The summary of this part of the facts charged