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The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for not less than four years and six months.
. against the Defendant.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the respondent for an attachment order (1) misunderstanding of facts or misunderstanding of legal principles and the respondent for an attachment order (hereinafter “Defendant”)
(2) Although the lower court did not constitute “hazardous things” as prescribed by Article 3(1) of the Punishment of Violences, etc. Act, which was used at the time when the victim H was committed, the lower court found the Defendant guilty of the charge of violating the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective, deadly weapons, etc.) that the said branches of things constituted “hazardous things” and committed assault by the Defendant by carrying a dangerous things. Therefore, the lower court erred by misapprehending the legal principles or misapprehending the legal principles.
3 The court below's order to attach an electronic tracking device for five years, although the defendant was not likely to recommit a sexual crime.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. Determination
A. In a specific case where the determination of the Defendant’s assertion of misunderstanding of facts or misapprehension of the legal doctrine constitutes “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act, the determination shall be based on whether the other party or the third party could have seen the risk of life or body when using the goods in light of social norms.
(see, e.g., Supreme Court Decision 2010Do10256, Nov. 11, 2010). The following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, the Defendant’s view of assaulting the victim to Gemanium was 22:0, and the location of assault was a four-dimensional playground, and the thickness of the said Gemanium was about 4-5cm and the length was about 1m, and the victim was her own in the court of the lower judgment.