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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) did not commit an indecent act by force against the victim as stated in each of the facts charged in this case. Nevertheless, the lower court convicted the Defendant of each of the facts charged in this case. However, the lower court erred by misapprehending the legal principles. 2) The lower court’s sentence imposed by the lower court on the Defendant (three years of imprisonment, etc.) is too unreasonable.
B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (a two-dimensionally unfair) is too uneasy and unreasonable. 2) The lower court’s dismissal of the Defendant’s request for attachment order even if the Defendant’s request for attachment order was recognized as a risk of recidivism.
2. Determination
A. As to the Defendant’s assertion of “fact-finding”, the lower court rejected the Defendant’s argument in detail on the fifth-9 side of the judgment, on the same grounds as the grounds for appeal in this part, and on the contrary, compared with the evidence duly admitted and examined by the lower court, the said judgment by the lower court is just and acceptable, and there is no violation of law of misunderstanding of facts.
Therefore, this part of the defendant's argument is without merit.
B. As to the Defendant and the prosecutor’s assertion of “unfairness”, each of the instant crimes committed by the Defendant and the Defendant: (a) the Defendant committed indecent acts by force on the part of a person living together with the said person by using her sexual organ, etc. on two occasions; (b) in light of the content and consequence of the crime; (c) the Defendant is very serious in charge of the crime in light of the content and consequence of the crime; (d) even though the Defendant was not a legal guardian of the victim, but was in a position to care for the victim with her mother and child, the Defendant committed each of the instant crimes against the victim who was under the influence of her mother and child, and (e) constitutes a sound sexual identity.