성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for seven years.
With respect to a person against whom an attachment order is requested, it shall be for ten years.
1. Summary of grounds for appeal;
A. Part 1 of the Defendant case was convicted of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims (Rape in Relatives) due to a misunderstanding of facts against the rules of evidence or a mistake of facts in violation of the rules of evidence, but the Defendant and the person requesting an attachment order (hereinafter “Defendant”).
(2) The lower court’s sentence of unreasonable sentencing is too unreasonable, because it did not commit rape.
B. It is reasonable to dismiss the request for the attachment order of this case, since it is difficult to see that the defendant is likely to recommit a sexual crime in part of the attachment order case.
C. The lower court’s order ordering the Defendant to disclose personal information, although there is no risk of recidivism in the part of the disclosure notification order.
2. Determination
A. Prior to the judgment on the grounds of appeal by the defendant ex officio, the prosecutor tried to examine the facts charged in this case and the facts constituting the cause of the attachment order in the end of Section 1 of Section 1 of Section 3 of the judgment of the court below. The prosecutor applied for changes to the defendant's sexual organ on the part of the victim's knee and knee as stated in Section 1 of Section 1 of Section 3 of the judgment of the court below. Since the victim tried to insert his sexual organ on the part of the victim's knee and to put the victim's sexual organ into the victim's sexual organ, the victim's sexual organ on the part of the victim's knee and knee as stated in Section 1 of the judgment of the court below, and the defendant's sexual organ on the part of the victim's knee and tried to go out to the victim's panty, but the defendant's sexual organ on the part of the victim's knee and tried to the victim's pan.
However, despite the above reasons for ex officio reversal, the above facts charged are modified as to the defendant's assertion of misunderstanding of facts or misapprehension of legal principles and the assertion that attachment order is improper.