성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The information on the accused shall be disclosed for a period of five years.
1. Summary of grounds for appeal;
A. In the part of the defendant's case (1) - misunderstanding of facts - The defendant and the person to whom the attachment order was requested (hereinafter referred to as "the defendant") committed self-defense in front of the victims as stated in paragraphs 1 and 2 of the criminal facts as stated in the judgment of the court below, but the court below found them guilty of all of the above crimes even though they did not make indecent acts as stated in paragraphs 1 and 2 of the criminal facts as stated in the judgment of the court below. The judgment below
(2) Even though the Defendant committed the instant crime with no or weak capacity to discern things or make decisions at the time of the instant crime, the lower court did not recognize mental and physical disorder.
(3) The sentence imposed by the lower court on the Defendant (four years of imprisonment) is too unreasonable.
(4) It is unreasonable for the lower court to order the Defendant to disclose and notify the Defendant’s personal information.
B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device, although the Defendant does not pose a risk of recommitting a crime.
2. Determination
A. On the part of the defendant's case (1) the defendant argued that the defendant is identical to the above argument of mistake of facts, and the court below rejected the above argument in detail in the "decision on the defendant's and defense counsel's argument", and in light of the evidence duly adopted and investigated by the court below, the judgment of the court below is just and acceptable. Thus, the above argument by the defendant is without merit.
(2) In light of the content of the instant crime committed by evidence duly adopted and examined by the lower court as to the assertion of mental disorder, and the Defendant’s behavior before and after the instant crime, etc., the Defendant has no or weak ability to discern things or make decisions at the time of the instant crime.