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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
Summary of Grounds for Appeal
A. Defendant and the person subject to a request to attach an electronic device (hereinafter “Defendant”) issued by the lower court of unreasonable sentencing (three years of imprisonment, etc.”) are too unreasonable and unfair. 2) Since there is no risk of recommitting a sexual crime against the Defendant, the lower court’s order to attach an electronic tracking device for seven years is unreasonable.
B. In light of the legal principle, even if the defendant did not directly contact the victim's body, the defendant's act of self-defensing the victim's sexual organ in his hand by pressing the door immediately before the victim's right at the elevator after intrusioning the victim's joint view, constitutes the exercise of physical force against the victim's body. Thus, the defendant's act constitutes a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by force on residence). Accordingly, the judgment of the court below which acquitted the defendant of this part of the charges is erroneous by misapprehending the legal principle.
2. Determination
A. The judgment of the prosecutor on the misapprehension of the legal principle (the part on the charge of the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes) 1) The summary of this part of the charges is as follows: (a) the defendant intrudes the defendant's sexual organ in front of the victim C (a person who is aged 10, 10, fright and fright at his hand, and the defendant's sexual organ in his hand, and (b) the above victim frighted into the above building, and entered the elevator into the above building, which is located inside the residence of the victim, to prevent the victim from closing the above elevator door, and frights the defendant's sexual organ with his hand and frightened the defendant's sexual organ, and forced the victim to commit an act of self-defense.