성폭력범죄의처벌등에관한특례법위반(주거침입유사강간)등
Defendant
In addition, the appeal filed by the person who requested the attachment order and the person who requested the treatment order shall be dismissed.
1. Summary of grounds for appeal;
A. Part 1 of the Defendant case: Defendant and the person requesting an attachment order, and the person requesting a medical treatment order (hereinafter “Defendant”) are limited to a mistake of facts
(2) The lower court found the Defendant guilty of all the facts charged of this case, but the lower court convicted the Defendant of mistake of facts. (2) The sentence (seven years, etc.) sentenced by the lower court of unreasonable sentencing is too unreasonable, as it is too unreasonable. (3) In so doing, the lower court did not err by misapprehending the legal principles on the crime of this case. (4) In so doing, the lower court did not err by misapprehending the legal principles on the crime of this case. (4) In so doing, the lower court did not err by misapprehending the legal principles on the punishment of unfair sentencing (seven years, etc.).
3 Although there are special circumstances that the court below should not disclose or notify the personal information of the accused in violation of an order of disclosure notification and an order of employment restriction, or restrict employment, it is improper for the court below to order the accused to disclose or notify the personal information.
B. Although the part of the case of the request for attachment order and the case of the medical treatment order is not recognized to be likely to recommit sexual crimes, the court below's issuance of an attachment order and the medical treatment order to
2. Determination
A. As to the assertion of mistake of facts regarding the part of the Defendant case 1, the lower court determined that the instant facts charged was proven to the extent that there is no reasonable doubt by respecting the jury’s opinions on the verdict of conviction, following the examination of witnesses C, E, and F as a participatory trial and the examination of Defendant, etc.
In criminal trial proceedings conducted in the form of a participatory trial system introduced to enhance the democratic legitimacy and trust of justice, collective opinions presented to the full bench on the recognition of facts by a jury composed of citizens cultivated through strict selection procedures are under substantial direct psychological and court-oriented trials.