아동ㆍ청소년의성보호에관한법률위반(강간등)등
The judgment below
The part of the defendant's case shall be reversed.
The Defendant is not guilty of the lower judgment regarding an attachment order.
1. Summary of grounds for appeal;
A. Part of the Defendant case (1) misunderstanding of facts and misunderstanding of legal principles as to the Defendant and the person who requested the attachment order (hereinafter “Defendant”) and the person who requested the attachment order (hereinafter “Defendant”).
(1) The victim's statement is doubtful in that there was no drinking for the victim to take a new time at night, and there was no fact that there was no fact at the place of crime on the date and time stated in the indictment, and there was no indecent act against the victims. Moreover, the victim's statement was presented as direct evidence to acknowledge the fact that the victim is the defendant. However, the victim's statement is doubtful and there was no measure to exclude errors in the identification of the victim at the time of the crime, and there was no error in the identification of the victim. Nevertheless, the court below accepted the victim's statement and recognized the defendant as the criminal of the crime of this case. Thus, the court below erred by failing to exhaust all necessary deliberations or by misapprehending the rules of evidence, or by misapprehending the rules of evidence, thereby affecting the conclusion of the judgment. The court below's sentence of unfair sentencing (one and half years, two years of suspension of execution, 40 hours of sexual assault treatment, 2 years of disclosure of information, etc.) of imprisonment, which affected the conclusion of the judgment.
(2) The Prosecutor’s sentence of the lower court is too unreasonable.
B. The part of the request for attachment order (public prosecutor) is unreasonable to dismiss the request for attachment order even if the Defendant had a record of criminal punishment by committing a sexual crime and committed the sexual crime of this case at the same time, and the Defendant has a high risk of repeating the sexual crime as he denies the crime.
2. Determination on the part of the defendant's case
A. On June 12, 201, the summary of the charge is as follows: (a) on June 12, 2011, the Defendant: (b) at the arms angle of “D Park” located in Ansan-gu, Ansan-si C; (c) the victim E (n, 13 years old), F (n, 13 years old) and two women-friendly districts and play.