성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
The defendant's appeal is dismissed.
1. The court below rendered a judgment dismissing the prosecutor’s request regarding the attachment order case and the protective observation order case when it rendered a judgment of conviction on the part of the defendant, and the part of the attachment order and the protective observation order case were appealed only by the defendant. Thus, there is no benefit of appeal regarding the attachment order case and the protective observation order part.
Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders, the part of the judgment of the court below concerning attachment order and protective observation order is excluded, and the scope of the judgment of this court is limited to the part of the case of the defendant.
2. Summary of reasons for appeal;
A. The court below found the Defendant guilty of all the facts charged of this case on the grounds of the victim’s statement without credibility. The court below erred by misunderstanding of facts (the attorney’s written opinion or summary of pleading submitted after the expiration of the period for submission of the grounds for appeal shall be determined within the scope of supplement of the grounds for appeal specified in the reasons for appeal, and it shall not be separately determined as to the attorney’s assertion that is not entirely indicated in the reasons for appeal). (b) The sentencing unfair sentencing of the court below is too unreasonable.
3. Determination
A. The Defendant also asserted that the judgment of the court below as to the assertion of mistake of fact is identical to the assertion of mistake of fact, and the court below rejected the above assertion by making a detailed statement on the determination.
In light of the following circumstances, the lower court’s determination is justifiable, and the Defendant’s above assertion is without merit, in light of the following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the lower court and the appellate court.
1) P and statement analysis officers Q, etc. of the Supreme Prosecutors’ Office whose statement was analyzed by the victim, can understand the overall circumstances of the victim’s statement.