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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. The lower court found the Defendant guilty of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes among the instant facts charged, and acquitted the Defendant on the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.).
As to this, both the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) and the prosecutor appealed. However, the prosecutor did not dispute not only the grounds for appeal on the acquittal portion as the grounds for appeal but also the grounds for appeal.
Therefore, although the part of the judgment of the court below which was not guilty was judged in the trial, it should be viewed that it was exempted from the object of public defense among the parties, and this part is not determined again in accordance with the conclusion of the judgment of the court below.
Ultimately, the scope of the judgment of the court shall be limited to the conviction part of the judgment below.
2. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles did not know that the victim was disabled at the time of the instant crime. 2) The lower court’s sentence of unfair sentencing (one year and six months of imprisonment) is too unreasonable.
B. Prosecutor 1) The part of the Defendant’s case (e.g., e., g., e., e., e., g., e., e., e., e., g., e., e.,
3. Determination
A. As to the Defendant’s assertion of mistake of facts or misapprehension of the legal doctrine, one of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11088, Nov. 17, 201; hereinafter “former Act on Sexual Violence”).
Article 6 A person who has sexual intercourse with another woman or commits an indecent act against another person with a disability, physical or mental disability, shall be punished in accordance with Article 297 or 298 of the Criminal Act.
(xc)"assign."