아동ㆍ청소년의성보호에관한법률위반(강간등)등
1. All the judgment below is reversed.
A defendant shall be punished by imprisonment for ten years.
. Information on the Defendant.
[The part of the case of the defendant and the attachment order claim]
1. Summary of grounds for appeal;
A. Defendant and the requester for an attachment order, and the requester for a medical treatment order (hereinafter referred to as “Defendant”).
1) As to the misunderstanding of facts (as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact (compact) in the holding of the court below), there is a fact that the defendant has taken the part of the victim with his/her fingers with the consent of the injured party under the condition that he/she pays money to the injured party F (a) but there is no violence or intimidation against the injured party, and there is no fact that the injured party has taken part in the part of the injured party.
B) As to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (compact) in the holding of the lower judgment, the Defendant was aware of the fact that the Defendant, with the consent of the injured party I (a person) on the condition that he/she would pay money to the injured party I, did not assault or threaten the injured party, and did not contain any assault or intimidation to the injured party, nor did the injured party knew of the fact that he/she was a juvenile.
C) Nevertheless, the court below found all of the above facts charged guilty, and the court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
2) The punishment sentenced by the lower court (one hundred years of imprisonment, and the disclosure and notification of personal information between ten years) is too unreasonable.
B. Prosecutor 1) misunderstanding of the facts and legal principles (as to each violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the part not guilty in the judgment of the court below), Defendant was found to have committed an indecent act by force against the victim I who is a juvenile on April 13, 2017 and April 14, 2017. However, the court below held that the Defendant committed an indecent act by force against the victim I by assault or intimidation as stated in the facts charged in this part.
For the reasons that it is difficult to see that the defendant was acquitted, and the judgment of the court below is erroneous.