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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the case of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) that the Defendant and the person who requested the attachment order (hereinafter “Defendant”), the Defendant was guilty of committing an indecent act against the Defendant, and there was no intention of rape.
B) The sentence of the lower court’s unfair sentencing (a prison term of six years, order to complete a program, or order to disclose information) is too unreasonable.
2) The Prosecutor’s sentence is too unhued and unreasonable.
B. The lower judgment dismissing the Defendant’s request for attachment order against the Defendant, even if the need for attachment of an electronic device is recognized in light of the content of the instant crime committed against the majority of unspecified persons and the risk of recidivism, etc.
2. Determination:
A. Part 1 of the case concerning Defendant 1) The facts constituting a subjective element, such as the criminal intent of rape to determine the Defendant’s assertion of misunderstanding of the facts should be proven by means of indirect or circumstantial facts having substantial relevance with the Defendant’s criminal intent due to the nature of things, and what constitutes indirect facts having considerable relevance with the criminal intent should be determined by means of a reasonable method of determining the link of facts based on close observation or analysis based on normal empirical rule (see, e.g., Supreme Court Decision 2011Do3289, May 13, 2011). In full view of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendant did not merely intend to commit an indecent act against the victim, but rather intended to deviate from the victim for rape.
Therefore, this part of the defendant's argument is without merit.
(1) The Defendant discovered a victim who gets a taxi at the distance of C in Chungcheongnam-si, Chungcheongnam-si, and went back to the destination of the victim.