성폭력범죄의처벌등에관한특례법위반(장애인위계등추행)등
The judgment below
The defendant's appeal concerning the part of the defendant's case is dismissed.
The judgment below
(2).
1. Summary of grounds for appeal;
A. Part 1 of the defendant's case is not an act of similarity according to the free will of the victim of mistake of facts, but an indecent act by force against the victim. 2) The sentence of the court below on unreasonable sentencing (an order of disclosure of information for one year and six months and three years) is too unreasonable.
B. It is unreasonable to order the Defendant and the respondent for the attachment order (hereinafter “Defendant”) to attach an electronic tracking device for three years including the matters to be observed.
2. Determination
A. As to the part of the defendant's case, the defendant also asserted the misconception of facts, and the court below found the defendant guilty of the facts charged in this case by force on the ground that the defendant committed an indecent act against the disabled victim by force on the ground that he has credibility in statements made in investigation agencies rather than the victim's statements made in the court below's court, based on various circumstances acknowledged by the evidence duly admitted and examined by the court below. As a result of a thorough examination of the evidences of the court below, the judgment of the court below is just and acceptable, and the defendant's assertion of mistake of facts is without merit. 2) The defendant's release of the defendant against the allegation of unfair sentencing is again again committed the crime of this case even though the defendant was a repeated offense period, and the crime of this case was committed by a young male who has a mental disability of Grade II with intellectual disability 2 by inducing the victim to his own house and inserting the victim's sexual organ into the victim's resistance, and thus, the possibility of criticism against the defendant in light of the target of the crime and the several laws
On the other hand, the defendant has no record of criminal punishment for sexual assault crimes, and the defendant has caused the crime of this case to be committed in the first order, and the victim was agreed with the victim, so that the victim would be the wife.