성폭력범죄의처벌등에관한특례법위반(강간등상해)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
The information on the accused shall be disclosed for a period of ten years.
1. Summary of grounds for appeal;
A. The part of the defendant's case: The sentence imposed by the court below on the defendant and the person requesting the attachment order (hereinafter referred to as "the defendant") is too unreasonable.
(On the other hand, the defendant initially submitted an appeal to the effect that "the defendant was raped by the victim, but the victim was unaware of the fact that he was disabled at the time of committing the crime, and thus there was an error of law affecting the conclusion of the judgment by misunderstanding the fact," but upon the third trial of the trial, the prosecutor's application for modification of the indictment was approved, the above reasons for appeal was withdrawn on the same date.
B. The lower court’s issuance of an attachment order to the Defendant, even though the Defendant does not pose a risk of recidivism, is unfair and is also an excessive period of time.
2. Determination
A. Prior to determining the Defendant’s assertion of unreasonable sentencing on the part of the Defendant’s case, an ex officio determination is made.
In the first instance, the prosecutor deleted "Article 6 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes" from among the applicable provisions of the indictment, and added "Article 4 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes," and "Article 4 (2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes," and "A victim shall be punished with no permission," and "A victim shall be punished with no permission," and "A victim shall be deemed to have no permission," and the judgment of the court below shall no longer be maintained.
B. The part of the Defendant’s request for attachment order is also examined ex officio before determining the Defendant’s unjust assertion on the attachment order.
1) The prosecutor also finds in the trial the facts constituting the attachment order, and the victim is not more than 13.