성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
The judgment below
Among the accused cases and the attachment order of electronic tracking devices, each part of the case shall be reversed.
Defendant .
1. Summary of grounds for appeal;
A. The defendant and the person who requested an attachment order, and the person who requested a probation order, 1) the defendant's case A) mistake of facts, and 2-A of the facts stated in the judgment below.
Paragraphs 2 and 2
B. (3) On January 2, 2018 through February 2, 2018, among the guilty portion of the lower judgment, the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of minor, quasi-indecent act under thirteen years of age and No. 2)
B. (3) Evidence supporting the part of the charge of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “instant charges of dispute”) (hereinafter “instant charges of dispute”) on April 2018 or on May 2018, is only the confession of the Defendant and the person who requested an attachment order, and the person who requested a probation order (hereinafter “Defendant”).
There is no specific statement in the statement recorded in the statement recorded in the statement recorded in the statement recorded in the victim C (hereinafter referred to as "victim") and the statement in the protocol of investigation into injury, which can support the confession of the accused of the facts charged in the dispute in this case.
Nevertheless, the court below found the defendant guilty of the facts charged in the dispute of this case on the ground that there is evidence to reinforce the confession of the defendant, and erred by misapprehending the legal principles on the rules of confession reinforcement.
B) The lower court’s sentence of unreasonable sentencing (five years of imprisonment, etc.) is too unreasonable and unfair. 2) Although the Defendant’s application for an attachment order does not pose a risk of repeating a crime and the imposition of the Defendant’s obligation to complete a sexual assault treatment program, etc. sufficient to prevent recidivism, the lower court’s order to attach an electronic tracking device (hereinafter “order to attach an electronic device”)
B. In light of the legal principles, the Defendant’s charge of misapprehension of the legal doctrine (not guilty in the grounds) is a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “the act of quasi-sexual intercourse”) (hereinafter “the act of quasi-sexual intercourse”) around January 1 through February 2, 2018 among the instant charges (hereinafter “the act of quasi-sexual intercourse”)
Section 4, 2018.