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Defendant
In addition, the appeal filed by the person who requested the medical care and custody is dismissed.
Reasons
1. As to the part of the case of the Defendant, the lower court rendered a judgment citing the prosecutor’s claim regarding the case of conviction and the case of the medical care and custody claim, and the judgment dismissing the prosecutor’s claim regarding the part of the case of the case of the attachment order claim, the lower court did not have any benefit of appeal regarding the part of the case of the case of the attachment order claim.
Therefore, notwithstanding the provisions of Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the application for attachment order among the judgment below is excluded from the scope of the judgment of this court. Thus, the scope of the judgment of this court is limited to the part concerning the defendant's case
2. The summary of the grounds for appeal: (i) the Defendant did not have committed any of the instant crimes; and (ii) the sentence (4 years of imprisonment, 40 hours of order to complete a program, 5 years of disclosure or notification order) imposed on the Defendant by the original trial is too unreasonable.
3. Determination on the defendant's case
A. As to the assertion of mistake of facts, the court below found the defendant guilty on all the facts charged after compiling the following evidences. In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is just and acceptable, and this part of the defendant's assertion is without merit.
B. As to the unfair argument of sentencing, there are extenuating circumstances that may be favorable to the defendant, such as the fact that the defendant suffers from chronic early illness, committed the crime of this case in a state of mental and physical weakness resulting therefrom, having no record of punishment for sex crimes, having minor degree of damage to the thief crime, and the defendant's birth, etc. wanting to leave the Defendant's wife against the defendant.
However, the crime of this case is committed in female public toilets for the purpose of committing indecent acts against the defendant's 4-year old female children and sexually for three times.