beta
Text
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Part 1 of the case, which is erroneous in the misunderstanding of the legal principles or the person who requested the attachment order (hereinafter “Defendant”) and the victim at the time of the case, was unaware of the fact that the victim was the disabled, and the court below found the Defendant guilty of the facts charged in the case, even though the victim was sexually related under the agreement with the victim, was erroneous in the misunderstanding of legal principles
2) The sentence of the lower court’s unfair sentencing (two years of imprisonment, etc.) is too unreasonable.
B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for a period of three years.
2. Determination on the defendant's case
A. Determination of the misapprehension of the legal principles on the assertion of facts or legal principles 1) Article 6(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual breadth Act”) provides that “a person who has sexual intercourse with or commits an indecent act against another person by using a situation where it is impossible or difficult to resist due to any physical or mental disability shall be punished in accordance with the examples of paragraphs 1 through 3.” The term “a person who is unable to resist due to any physical or mental disability” in the above provision refers to not only the case where the physical or mental disability itself is in a situation where it is impossible to resist, but also the case where psychological or physical resistance is impossible or considerably difficult due to the main cause. In determining whether there is a situation where it is impossible to resist due to such mental disability, not only the degree of the victim’s mental disability, but also the relation between the victim and the perpetrator, including the offender, and the content and method of the offender’s act, and the sexual reaction between the victim and the perpetrator 207.