아동ㆍ청소년의성보호에관한법률위반(강간등치상)등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for five years.
For the defendant.
Summary of Reasons for appeal
A. In the case of paragraph 1 of the first instance judgment, the Defendant and the person who requested the attachment order (hereinafter “Defendant”) did not exercise force against the victim I as well as the person who requested the attachment order (hereinafter “Defendant”) did not have a sexual relationship with the victim I. In the case of paragraph 2 of the first instance judgment, the Defendant was merely sexual intercourse with the victim J without drinking a drug for an unrestal new boundary.
Nevertheless, the court below found all of the facts charged of this case guilty on the basis of the statements of victims without credibility.
2) The sentence sentenced by the lower court to the Defendant (seven years of imprisonment, 80 hours of order to complete a course, 10 years of order to disclose or notify, and 20 years of order to attach an electronic device) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination on the defendant's case
A. As to the Defendant’s assertion of mistake of facts, the lower court asserted to the same effect as the grounds for appeal on this part of the judgment, and rejected the Defendant’s assertion of mistake on the part of Article 1(1)(2) of the judgment as to Article 2(2) of the “The Defendant and the defense counsel’s assertion and determination thereof” on the part of Article 1(1)(2) of the judgment.
In addition to the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, the judgment of the court below is just and acceptable, and there is an error of law such as misconception of facts as pointed out by the defendant.
subsection (b) of this section.
This part of the defendant's assertion is without merit.
1) Part 1 of the holding ① The victim I met the chest from the investigative agency to the court of the court below by inserting the Defendant’s hand back from the left side to the lower court.
The chests shall be cut down from the outer side of the Brazil.