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 the Defendant and the person subject to a request for attachment order (hereinafter “Defendant”) are the defendants and the person subject to the request for attachment order (hereinafter “defendants”).
(2) The lower court found the Defendant guilty of each charges on the following grounds: (a) although there was a fact that the lower court committed a similar act to the said victim; (b) there was no incentive for the said victim to engage in sexual intercourse or indecent act; and (c) the said victim was unaware of the fact that he was a intellectual disabled person; (b) there was an error of misunderstanding of facts in the judgment of the lower court that found the Defendant guilty of each of the charges on the following grounds: (c) mental and physical disorder (each of the crimes in the case of 2019Da19) (the part of the judgment in the case of this case) and each of these parts of this part of this case
3) The sentence imposed by the lower court on the Defendant (one year 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 five years.
2. Determination
A. Part 1 of the Defendant’s case concerning mistake of facts) The Defendant alleged the same purport as this part of the grounds for appeal in the lower court, and the lower court rejected the above assertion in detail on 9-13 pages of the judgment. The lower court stated the following circumstances, which are acknowledged by the evidence duly adopted and investigated by the lower court. In other words, in light of the degree of disability of the victim F, G’s age, statement attitude, etc., the Defendant did not appear to have made a false statement and made a false statement on the part of the victim F, ② the victim F was uneasy after having committed this part of the crime, and the victim F was residence as the victim F around December 9, 2018.