성폭력범죄의처벌등에관한특례법위반(장애인강간)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) committed a sexual intercourse under the agreement with the victim D, and there is no fact that the Defendant detained the said victim. Moreover, there is no fact that the Defendant inflicted bodily injury upon the victim F. Nevertheless, the lower court found the Defendant guilty of all the charges of this case. Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, even if it is found that the charges of this case were guilty, such as unfair sentencing, etc., even if the lower court’s sentence (six years of imprisonment) imposed on the Defendant is too unreasonable.
In addition, it is improper to order disclosure and notification of the personal information of the defendant.
3) The lower court’s improper attachment order of an electronic tracking device, which was issued by the lower court for a period of ten years, is unreasonable. B. 1) The lower court’s sentence of unreasonable sentencing is too uneasible and unfair.
2 The period of attachment of an attachment order issued by the court below is too short and unfair.
2. Determination on the part of the defendant's case
A. As to the Defendant’s assertion of mistake of facts, the lower court acknowledged the following facts as evidence, namely, ① the crime against the victim D was revealed in the process of confirming the pregnancy of the said victim by the J Welfare Center G, and ② the victim made a concrete, unique, and consistent statement concerning the criminal facts, such as the date and time, place, background leading up to the crime, method of the crime, response of the victim, the victim’s response, the victim’s life portion at the time of the crime, and the situation when the victim’s house escaped from the Defendant’s house. This includes not only the majority of the contents that are either unknown or difficult to know, but also the victim’s false representation is difficult. D is a victim’s investigation agency.