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 of Defendant 1) As to the mistake of facts and misapprehension of legal principles, Defendant and the respondent for attachment order (hereinafter “Defendant”).
(2) The lower court found the Defendant guilty of indecent act by force among the facts charged. The lower court erred by misapprehending the legal principles on the charge of indecent act against the Defendant. (2) In so doing, the lower court erred by misapprehending the legal doctrine on unreasonable sentencing (three years of imprisonment) that the lower court sentenced the Defendant to the punishment too unreasonable.
B. The Defendant in the part of the case for which a request to attach an attachment order was made is isolated in society during the execution period of the sentence and has a sufficient opportunity to reflect, and subsequently, can prevent the risk of recidivism through the public open space order and employment restriction order. Thus, the request to
2. Determination on the defendant's case
A. 1) As to the assertion of mistake of facts, the crime of indecent act by compulsion includes not only cases where the other party commits an indecent act after making it difficult to resist by means of assault or intimidation, but also cases where the act of assault itself is deemed an indecent act. In such a case, inasmuch as the assault does not necessarily require that the other party’s intention be at least to suppress, and the exercise of tangible force against the other party’s will is against the other party’s will, regardless of the power’s bruption (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). 2) Examining the following circumstances recognized by the evidence duly adopted and investigated by the court in light of the above legal principles, the Defendant can recognize the fact that the Defendant intentionally used the victim of the indecent act while attempting to commit suicide at the time of this case
In particular, considering the relationship between the defendant and the victim, the circumstances and circumstances leading to the above act, the defendant's above act is considered.