성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven years.
Sexual assault against the defendant for 80 hours.
1. Summary of grounds for appeal;
A. The crime committed by the Defendant and the person subject to the request for attachment order (hereinafter “Defendant”) and the victim’s illegal accusation is both the crime subject to victim’s complaint and the crime subject to victim’s complaint. However, since the victim’s complaint was filed one year after the deadline, the prosecution of this case is unlawful and thus dismissed. 2) The charges of this case pertaining to each of the charges of this case, which are unspecified in the facts charged, do not clearly specify the date and time of each of the crimes, making it difficult for the Defendant to exercise his/her right to defense, and thus, the procedure for instituting a prosecution is in violation of the provisions of Acts and subordinate statutes and is null and void.
3) There was no misunderstanding of facts or misunderstanding of legal principles that the Defendant had raped the victim as stated in each of the instant criminal facts. Even if the Defendant committed rape or attempted rape as stated in each of the instant criminal facts, there was no assault or intimidation to the extent that the victim’s resistance was forced or significantly difficult at that time, and the attempted rape under paragraph (3) of the judgment constitutes an attempted rape by having the Defendant voluntarily commit the crime only. 4) The lower court’s sentence of unreasonable sentencing is too unreasonable.
B. Prosecutor 1) The lower court’s sentence in the part of the Defendant’s case is too unfilled and unreasonable. 2) Even if the Defendant’s risk of repeating a sexual crime is recognized, it is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case.
2. Determination
A. The lower court also argued to the same effect as above, and the lower court prior to the amendment of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to “Act on the Protection, etc. of Victims of Sexual Crimes” under Article 5(10) of the Addenda of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, enacted by Act No. 10258, Apr. 15, 2010.