The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of five years and a fine of two thousand won.

The above fine shall be imposed on the defendant.

Summary of Grounds for Appeal

The sentence imposed by the lower court (limited to four years of imprisonment and fines of two million won, and restrictions on employment for ten years) on the Defendant and the person subject to an application for an attachment order (hereinafter referred to as “Defendant”) is too unreasonable.

Although it is difficult to see that the criminal defendant in violation of an order to disclose personal information is likely to recommit a sexual crime, it is unfair for the court below to order the defendant to disclose personal information for 10 years.

In light of the fact-finding or misunderstanding of legal principles as to the acquittal portion of the reason for prosecutor’s inspection, the victim’s specific statement, and the process of series of continuous actions that the defendant attempted to engage in sexual intercourse after being detained by the victim on his/her own residence after having been detained on the vehicle, etc., it is sufficiently recognized that the defendant had the intent of rape at the time of the victim’s injury to the victim.

Nevertheless, the lower court acquitted the Defendant of injury by rape, thereby adversely affecting the conclusion of the judgment by misapprehending the legal principles on the misunderstanding of facts or constituting the elements of the crime of rape and injury.

The above sentence imposed by the court below on the guilty portion is too uneasible and unfair.

It is unreasonable for the lower court to have the Defendant attach an electronic tracking device for 20 years, and impose the matters to be observed, such as restriction on outing, etc. during the period, even though it is difficult to deem that the Defendant is highly likely to recommit a sex crime.

Judgment

On April 23, 2018, the summary of this part of the charges against the prosecutor's assertion of mistake of facts or misapprehension of legal principles among the defendant's case (the injury caused by rape) is the defendant's residence while driving the victim on a passenger vehicle at around 23:00, who requested the victim to get out of the vehicle, but the victim did so.