성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of this part of the facts charged on the sole basis of the victim’s statement without credibility, on the ground that the lower court found the Defendant guilty of this part of the facts charged, and the lower court erred by misunderstanding of facts. 2) The sentence of imprisonment (10 years of imprisonment, etc.) sentenced by the lower court against the Defendant is too unreasonable.
B. Prosecutor 1) The Defendant case (including exemption from disclosure and notification orders and employment restriction orders) sentenced by the lower court against the Defendant is too uneasible and unreasonable. 2) The lower court’s dismissal of the Defendant’s request to attach an electronic tracking device attachment order against the Defendant, despite the risk of repeating sexual crimes against the Defendant.
2. As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Minors under the age of 13) among the facts charged in the instant case and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape with Relatives in the relationship of relatives in the original judgment), the following third of the facts charged are maintained as the primary facts charged, while maintaining the existing facts charged as the primary facts charged:
B. (1) An addition to the description of “a summary of an additional charge” and an application for amendment of an indictment to add Article 15 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes to the applicable provisions of Acts, and the subject of the adjudication was changed by the court granting permission. Even if the subject of the adjudication was changed as above, the Defendant’s assertion of mistake of facts as to the primary charge of the case involving the accused (the amendment of the indictment is still subject to the judgment of this court, and thus, the assertion of this part and the aforementioned addition are subject to