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The defendant's appeal is dismissed.
Reasons
On the other hand, the court below found the defendant guilty of charges of the case, and rendered a judgment dismissing the prosecutor's request regarding the request for attachment order. On the other hand, only the defendant appealed, the part of the request for attachment order does not have any interest in appeal.
Therefore, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, the legal fiction of appeal, is not applicable (see, e.g., Supreme Court Decision 2010Do7079, Aug. 19, 2010; 2010Do41, Aug. 19, 2010). As such, the part regarding the Defendant’s request for attachment order to the Defendant is excluded
Summary of Grounds for Appeal
Although there is a fact that misunderstanding of facts or misunderstanding of legal principles contain fingers in the victim's sexual organ, the defendant did not insert his sexual organ in the victim's sexual organ in the victim's sexual organ.
The punishment sentenced by the court below of unfair sentencing (six years of imprisonment) is too unreasonable.
Judgment
When determining the credibility of a statement made by an investigating agency of a child victimized by sexual assault, which was submitted as evidence of a mistake of facts or misapprehension of legal principles, the child’s age was how much the child’s age was, how much the child’s age was, how much after the occurrence of the case, and how much the child’s age was followed, and how much the child’s guardian or investigator who first heard the facts damaged during the process of the occurrence of the case until the above statement was made, could not bring a change to children’s memory by providing the child with a biased prejudice or inducing a specific answer through repeated interrogation, etc., whether there was no room to bring about a change to children’s memory by providing the child with information other than the fact, or inducing the child to answer, etc. at the time of the above statement, whether an ambiguous question that may be mistaken by the questioner was not repeated at the time of the above statement.