성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
The judgment below
The part of the case of the defendant is reversed.
The defendant shall be punished by imprisonment with prison labor for six years.
1. Summary of grounds for appeal;
A. The Defendant and the person who requested the attachment order (a mistake of facts and improper sentencing) 1) misunderstanding of the fact [the part concerning the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (including a minor’s deceptive scheme, etc. under the age of 13)] Defendant and the person who requested the attachment order (hereinafter “Defendant”) to whom the attachment order was issued, did not have sexual intercourse by force with the victim, the lower court erred by misapprehending
2) The punishment sentenced by the lower court (eight years of imprisonment, etc.) is too unreasonable.
B. Prosecutor 1) The sentence of the Defendant case (unfair sentencing and unfair exemption from disclosure notification order) and the sentence that the lower court rendered is too uneasible and unreasonable.
B) Although there are no special circumstances that would not give notice to the disclosure of the personal information of the accused, it is improper for the court below to exempt the accused from the disclosure order of the personal information.
2) The lower court’s dismissal of the Defendant’s request for an attachment order against the Defendant despite the risk of recommitting a sexual crime is unlawful.
2. Determination
A. Determination 1 on the part of the defendant's case concerning the defendant's assertion that the defendant's mistake of facts is identical to the grounds for appeal in this part of the judgment of the court below, and the court below presented this part of the defendant's assertion under the title "a judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below, and ① the victim was in the middle grade 9 of the second grade 9 in the middle grade 1 in the middle grade 1 in the middle grade 2 and the middle grade 9 in the middle grade 2nd grade 1 in the middle grade 2nd grade 2nd grade 3, and was in the middle part of the
They continued to put a sexual flag into the Republic of Korea.
The pains are too rare, and they are too rare.
뭔 가 찌릿찌릿 하고 숨쉬기 너무 힘들었다.
A person has become aware of his or her ability to do so.
(in the following cases after having a sex relationship).