아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Of the judgment of the court of first instance, the guilty part of the defendant's case (including the acquittal part of the reasons) and the case for attachment order.
1. Summary of grounds for appeal;
A. The judgment of the first instance court (the first instance court: 10 months of imprisonment; 2 years of suspended execution; 80 hours of sexual assault treatment programs; 20 hours of imprisonment for August; 8 months of suspended execution; 2 years of community service; 40 hours of sexual assault treatment programs; 40 hours of sexual assault treatment programs; 20 hours of imprisonment) is too unreasonable.
B. The first instance court determined that Defendant’s crime should be assessed as compulsory indecent act under the Criminal Act and violation of the Act on the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse (voluntary indecent act in a densely concentrated place) was not guilty of the charge of indecent act. Some of the crimes should be assessed as forced indecent act under the Criminal Act, but should be judged as attempted indecent act under the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent act in a densely concentrated place) and found Defendant not guilty of the charge of attempted indecent act on the ground that there was no provision on punishment for the above crime. In so doing, the lower court erred by misapprehending the legal doctrine, which affected the conclusion of the judgment, and thereby, acquitted Defendant of the charge of forced indecent act on the ground that there was no provision on punishment for the above crime.
B) The court below 1 held that there are special circumstances in which the Defendant’s personal information should not be disclosed.
In spite of the fact that no disclosure or notification order was issued, and even if the risk of recidivism of sexual crimes is recognized, the defendant's crime was applied to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in a concentrated place) and thus dismissed the prosecutor's request for an attachment order on the ground that it does not constitute an offense subject to the attachment order. This is erroneous in the misapprehension
2) The punishment of the first and second judgment of the lower court (Nos. 1 and 2) that is unfair is too unhued and unfair.
2. Ex officio determination.