The defendant's appeal is dismissed.

The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part of the Defendant’s case and the part of the case for which the attachment order was requested.

Notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc. of Electronic Devices Act, this part is excluded from the scope of the trial of this Court, as there is no benefit to appeal as to the part of the claim for attachment order.

The summary of the grounds for appeal was evaluated as having a problem of learning ability, such as not being able to take lessons at all from the time of an elementary school, and the Defendant was judged to be in a physical examination for entering the military that he was unable to take lessons at that school and high school, and was judged to be in a physical condition that he was unable to take lessons at all from the number of students after entering the middle school and high school.

In fact, according to the diagnosis report submitted by the victim of mistake and misunderstanding of legal principles, "the degree and degree of injury" column is stated as "the patient who is currently complaining of the pain and the pelvise for a certain period of time (two weeks after the surface of the water) with the fluoral base and the pelvise for treatment," while the external surgery and hospitalization are unnecessary, it is possible to conduct ordinary activities, and there are meals.

As mentioned above, this degree of injury does not constitute "injury" in the crime of indecent act by force.

The punishment sentenced by the court below to the defendant (five years of imprisonment) is too unreasonable.

Judgment

According to the response of the written investigation prior to the request for judgment on the argument of mental and physical weakness, the defendant has been evaluated as undermining intellectual ability from the time of elementary school, and even at the time of middle school, he/she is evaluated as an elementary school level.