성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. The appellate brief dated October 4, 2018 filed by the defendant after the deadline for filing the appellate brief expires shall be examined to the extent that it supplements the grounds for appeal.
In relation to the facts charged, the part of the defendant's case(s) and the person against whom the attachment order was requested (hereinafter referred to as "defendants") are erroneous and misapprehension of legal principles. (1) In relation to the crime as stated in paragraph (1) of the facts charged, there was a fact that the victim's shoulder, neck, and bucks away the part of the victim's clothes, but there was no intention to commit an indecent act, and there was no fact that the victim's chest and bucks inside the victim's chest with the intent to commit an indecent act, and there was no indecent act on the same day in the park, and there was no fact that the victim committed an indecent act on the part of the victim as stated in the facts charged.
(2) In relation to the crime described in paragraph (2) of the facts charged, there was no fact that the victim was only her chest under the consent of the victim and did not exercise power, and there was no other act of her kising out the victim, her panty, cutting off and her panty, cutting off the victim's panty and her panty, placing the victim into the her bed, placing the victim into the bed, and placing him into the bed.
(3) With respect to the crimes described in Articles 3 and 4 of the facts charged, only the chest and the fluor were confined to the victim’s consent, but did not exercise power, and other victims’ chest and the fluor are promptly or forced, and the finger and the fluor were inserted into the victim’s fluor.
(4) With respect to the crime described in paragraph (5) of the facts charged, only the chest was delivered with the consent of the victim and did not exercise power.
(5) Nevertheless, the court below recognized that the defendant committed an indecent act against the victim by exercising the power of the defendant, had sexual intercourse with the victim, and had the victim's sexual intercourse with the victim's sexual intercourse. The court below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
B) The sentence imposed by the lower court on the Defendant (limited to seven years of imprisonment and five years of employment restriction) is too excessive.