아동ㆍ청소년의성보호에관한법률위반등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
One wheel chairs of seized China.
1. Summary of grounds for appeal;
A. Part 1 of the case of the defendant and the respondent for the attachment order (hereinafter referred to as the "defendant") by the court below
In light of a mistake of facts or misapprehension of the legal principle, the defendant's criminal records, confessions made in the prosecution, etc., the court below held that the defendant had only the criminal intent to commit an indecent act by force against the victim although it is sufficiently recognized that there was a criminal intent to commit an indecent act by force against the victim. (B) The sentence imposed by the court below on the defendant is too unreasonable and unfair.
B. Part 1 of the judgment below ordering the Defendant to attach an electronic tracking device for two years in light of the following: (i) Defendant was sentenced to imprisonment with prison labor for a separate case after the instant crime and received medical treatment at a medical treatment and custody center; (ii) Defendant was sentenced to attachment of an electronic tracking device for a year on July 1, 201; and (iii) Defendant was already subject to recidivism measures; and (iv) there was no other crime after release, etc., the lower court’s order is unreasonable. (ii) The period of attachment of an electronic tracking device against the Defendant is too short.
2. Determination
A. On May 4, 2010, around 10:35, the summary of this part of the facts charged is that the Defendant, a juvenile, who was at the entrance of the Guro-gu Seoul Halllle (17 years of age, 17 years of age, she was involved in rape, and that the Defendant, in order to attract the victim to an unhumanless place, had the victim pushed the front wheelchairs together, and the victim consented thereto.
The defendant, together with the victim, carried a electric wheel chairs with the victim and carried it into a parking lot between the above Halla and the two Halla, and any Hashes are in the summer.