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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
(b) the defendant;
Reasons
1. The lower court found the Defendant guilty of the part of the case, and sentenced the prosecutor’s request regarding the attachment order part and the protective observation order part, and only the Defendant appealed.
Therefore, the part of the case of the attachment order and the part of the case of the protective observation order are excluded from the scope of the judgment of this court, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection of Specific Criminal Offenders and the Electronic Monitoring, etc., since there is no benefit in appeal.
2. Summary of grounds for appeal;
A. At the time of committing the crime of denial of the criminal intent due to mental and physical weakness (the part concerning the crime against the victim C), the defendant was under the influence of alcohol and had weak ability to discern things or make decisions, and there was no criminal intent to commit an indecent act against the victim, on the ground that the defendant was aware that he had the wife of a non-victim.
B. The lower court’s punishment (three years and six months of imprisonment) is too heavy.
3. Determination on the part of the crime committed against the victim C
A. 1) According to the evidence adopted and examined by the court below, the defendant attended a group of early childhoods at around 21:30 on December 18, 2015 at the time when he was living together with the defendant, the defendant, after the meeting at around 12:0 on December 18, 2015, she was living at the house of the wife where she was living together with the victim, and she was living at the house of the wife where she was under the influence of drinking after the meeting at around 12:0 on December 19, 201, and she was living at the house of the wife where she was living together with the victim without any difficulties in moving, and the defendant was living at the house of her wife, and the defendant was living at around 0:0 on December 19, 19, 200 on the following day, at around 15:00, she was living at the police station immediately after she was living at the victim's mother and her mother, and the defendant was living at the victim.