성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentencing of the lower court (five years of suspended sentence for three years of imprisonment) by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) is too unreasonable.
B. As to the non-guilty part of the judgment of the court below (as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, No. 15, No. 23, No. 25, and No. 27, and each of the violations of the Act on the Punishment, etc. of Sexual Crimes (the minor indecent act under thirteen years of age) listed in No. 46, No. 48, 49, and 50), each of the Defendant’s acts constitutes an act sufficient to cause a sense of sexual humiliation or aversion to the victims and constitutes an indecent act by force, the court below acquitted the victims of such an act, despite the fact that the Defendant’s each
(2) The lower court’s sentencing is too unjustifiable and unreasonable.
2. As long as the judgment prosecutor filed an appeal against the accused case, it is deemed that an appeal has been filed regarding the attachment order case under Article 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, however, the judgment of the court below is also maintained as it is, inasmuch as the prosecutor’s grounds of appeal or petition of appeal does not state the grounds of appeal or the direct grounds of appeal, and the judgment of the court below that rendered the suspension of execution is maintained
With respect to the grounds for appeal of mistake of facts or misapprehension of legal principles by the prosecutor, the accused committed an indecent act by force against the victims who are children or juveniles, such as No. 15, No. 23, No. 25, and No. 27, and No. 46, No. 48, No. 49, and No. 50, and No. 13, the accused committed an indecent act by force.
(2) The lower court rendered a not-guilty verdict on this part of the facts charged on the following grounds.
(A) Nos. 15 and 23 of the annexed list of crimes.