성폭력범죄의처벌등에관한특례법위반(특수강도강간)등
Defendant
In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. As to the facts of the crime of paragraph (1) of the judgment of the defendant and the person against whom the attachment order was requested (the defendant and the person against whom the attachment order was requested) as to the crime, the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") exceeded the victim's panty, and the victim exceeded the victim's panty, so the defendant did not have the intention of indecent act, since the defendant did not have the intention of indecent act.
B) As to the facts constituting the crime of paragraph (2) of the judgment, the Defendant did not have committed similar rapes with the victim H. 2) The lower court’s sentence of unfair sentencing (13 years of imprisonment) is too unreasonable.
3) It is unreasonable for the lower court to order the Defendant to disclose and notify information about the Defendant for a period of ten years. 4) The lower court’s order to attach an electronic tracking device to the Defendant, even though the Defendant was not likely to repeat sexual crimes.
B. According to the evidence submitted by a prosecutor, the lower court acquitted the Defendant on this part of the facts charged in the instant case, although it could be found that the Defendant was guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery) and causing rape.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the victim E (hereinafter “victim”)’s statement on this part of the judgment of the court below (hereinafter “victim”) is consistent, specific, and is not likely to be false.
In addition, this part of the facts charged is recognized in light of the fact that it is difficult for the victim to be able to be able to receive the victim's clothes even though the defendant was exempted from the victim.
Furthermore, “Indecent act” means an act that causes sexual humiliation or aversion to the general public objectively and good sexually.