아동ㆍ청소년의성보호에관한법률위반(준강간등)등
The defendant's appeal is dismissed.
1. With respect to the part of the case of the Defendant, the lower court sentenced the prosecutor’s request regarding the part on which the request for the attachment order was filed, and the part on which the request for the attachment order was lodged only by the Defendant. As such, the part on which the request for the attachment order was filed does not have any interest in the appeal, and thus, the part on the request for the attachment order was excluded from the scope of the trial of this court, notwithstanding Article 9
2. Summary of reasons for appeal;
A. In light of the fact-finding and legal principles, the Defendant did not put the victim’s sexual organ into the sexual organ, and thus, the crime of violation of the Act on the Protection of Children against Sexual Abuse (i.e., quasi-rape, etc.) is not established (hereinafter “violation of the Juvenile Sex Protection Act”).
B. The Defendant, at the time of committing the instant crime of violation of the Juvenile Sex Protection Act, was in a state of mental and physical loss or mental weakness by drinking alcohol at the time of committing the instant crime.
(c)
The punishment of the court below (two years and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.
3. Determination
A. Of the instant facts charged, the summary of the part concerning the violation of the Juvenile Sex Protection Act (rape, etc.) in the judgment of misunderstanding the facts or misapprehension of the legal doctrine is that the Defendant, a juvenile, attempted to engage in sexual intercourse by taking advantage of the victim’s mental and physical loss or resistance impossibility by drinking alcohol, but failed to do so.
In light of the evidence duly admitted and examined by the court below, the above facts charged are recognized. Thus, the defendant's mistake of facts or misapprehension of the legal principle is not justified (the name of the crime as to the above facts charged is not indicated "number".
B. According to the evidence duly adopted and examined by the lower court, the Defendant is in the state of drinking alcohol.