성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for twenty years.
80 hours per the defendant.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case for which the request for attachment order was filed while rendering a judgment of conviction on the part of the defendant’s case, and the only defendant appealed therefrom, and thus, there is no benefit of appeal regarding the part
Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the scope of trial of this Court is limited to the part of the defendant's case of the judgment below, and the part of the case of request for attachment order
2. Summary of grounds for appeal;
A. The defendant's legal counsel's written opinion or summary of oral argument, etc. submitted after the expiration of the period for submitting the grounds of appeal, including mistake of facts, shall be determined only to the extent of supplement
The Defendant has no ability to add a sexual intercourse due to the birth of urcology caused by urcology. The Defendant did not have sexual intercourse with the victim before 2017, and even after her sexual intercourse was made, it was impossible to engage in sexual intercourse due to the Defendant’s birth. As such, although the Defendant did not commit rape as stated in the instant facts charged, the lower court found the Defendant guilty of all the charges of this case on the grounds of the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the legal doctrine, etc.
B. The lower court’s sentencing is too unreasonable.
3. Judgment on the grounds for appeal by the defendant ex officio shall be examined ex officio.
A. Article 29-3(1) of the Child Welfare Act prior to the amendment of the Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018) prevents a person who was sentenced to imprisonment or medical treatment and custody for committing a child abuse-related crime from operating any of the following facilities or institutions (hereinafter “child-related institutions”) or from providing employment or actual labor to a child-related institution.