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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The court below rendered a judgment of not guilty of the charge of quasi-rape in violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, among the facts charged in the instant case, and found the Defendant guilty of the crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is the ancillary facts charged, and rendered a judgment of dismissing the prosecutor’s request regarding the attachment order for 20 years and the request for probation order for the attachment order for a period
On the other hand, only the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") appealed.
In such a case, the part of the acquittal of the above reasons, based on the principle of non-guilty appeal, should also be transferred to this court along with the part of the conviction, but this part has already been relieved of the object of the attack and defense between the parties, and thus, this court cannot further determine the part (see, e.g., Supreme Court Decision 2004Do5014, Oct. 28, 2004). As to the part of the above acquittal of the reasons, the conclusion of the judgment of the court below is followed.
In addition, the part of the judgment below regarding the request for probation order was excluded from the scope of the judgment of this court, notwithstanding the provisions of Articles 21-8 and 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders as there is no benefit of appeal.
Therefore, the scope of this court's trial is limited to the conviction part of the judgment below and the attachment order claim part.
2. Summary of grounds for appeal;
A. In fact, the defendant, while moving a drunk victim to a room, has a physical contact with the victim's chests, and does not have sexual intercourse with the victim by inducing the victim to drink alcohol or by force.
B. The sentence imposed by the lower court (five years of imprisonment, etc.) is too unreasonable.
3. Determination
A. (1) The judgment of the court below on the assertion of mistake of fact is also based on this part of the appeal.