성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강간)등
All the judgment below is reversed.
A defendant shall be punished by imprisonment for ten years.
Sexual assault against the defendant for 120 hours.
Summary of Grounds for Appeal
Defendant
In addition, the crime No. 1 of the facts stated in the judgment of the court below: Defendant and the person to whom the attachment order was requested (hereinafter referred to as “Defendant”) committed an indecent act against the victim on December 2, 2012 is first committed by committing an indecent act against the victim prior to or at the same time.
Criminal facts No. 2-A of the judgment below.
Port: Around July 2013, the Defendant was found to have been her chest by the victim. Around July 2013, the Defendant was off, and the victim was found to have been her chest and sound, and there was no sexual intercourse with the victim.
Criminal facts No. 2-B of the judgment below.
The Defendant, at the same time on August 2013, at the same time, had a sexual intercourse under the agreement with the victim who was off his/her clothes, and had a sexual intercourse with the victim. The Defendant did not have sexual intercourse with the victim who was able to insert his/her sexual organ by inserting only the end of the time when the victim was aware that he/she was the victim, and did not have sexual intercourse with the victim who was locked.
The sentence of imprisonment (12 years of imprisonment) imposed by the court below on the defendant is too unreasonable.
It is improper that the court below's improper order to attach an electronic tracking device to the defendant.
The court below erred in the misapprehension of legal principles as to this part of the charges of quasi-indecent act, even if the victim had not been locked, the defendant committed an indecent act against the victim. However, the court below erred in the misapprehension of legal principles as to this part of the charges of quasi-indecent act.
The sentence imposed by the court below on the defendant is too uneasible and unfair.
It is unfair to exempt the unfair accused from disclosure notification of personal information.
Judgment
The defendant's assertion of mistake of facts or misapprehension of legal principles also asserts the above mistake of facts or misapprehension of legal principles.