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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles did not know the fact that the victim is a disabled person, and did physical contact with the victim’s consent. 2) The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.
B. Prosecutor 1) The lower court’s punishment on the part of the Defendant case is too unfilled and unreasonable. 2) It is unreasonable for the lower court to dismiss the request for attachment order even if the risk of recidivism is recognized in light of the method and mode of the instant crime, etc. regarding the part regarding the instant case claiming attachment order
2. Determination
A. Part 1 of the Defendant’s case: (a) The Defendant alleged the same purport in the lower court’s judgment; and (b) the lower court rejected the Defendant’s assertion by comprehensively taking into account the following circumstances acknowledged by the evidence duly admitted and investigated:
In other words, first of all, on October 14, 2010, the victim was registered as the "person with severe intellectual disability", and around January 2014, the intelligence index 50, 8 years of age and 10 months of social age, and 55 of social index was considerably low. ② The defendant provided conversations with the victim at least 20 minutes at the cafeteria, and he seems to have been able to know the victim's intellectual disability in the process. ③ At the same time, D at the time stated in the investigative agency that "the victim was her mother and mother," and the defendant stated that the investigative agency referred the victim to "fice" until the court of the court of the trial until the court of the court of the trial. ④ The defendant also stated that the first police investigation conducted the statement that the victim was her speech and that the victim was her speech and that the victim was her speech and that the first police investigation was her.