The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for ten years.

. against the Defendant.

Summary of Grounds for Appeal

Article 1-1 (A) and (b) of the judgment of the court of the original instance, the defendant and the person requesting an attachment order (hereinafter referred to as "defendants") shall be the first-class of the judgment of the court below.

paragraphs 1 and 2.

At the time of the intrusion into each of the wards in this paragraph, the victim F and the victim H had been off, and there was no fact that the defendant was off from the victim F and the victim H, and committed an indecent act.

The judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous in misconception of facts.

At the time of committing the instant crime, the Defendant was in a state of mental disability as a result of the medication and serious diagnosis of sex for mental illness, such as non-social personality disorder and sexual identity disorder.

The punishment sentenced by the court below of unfair sentencing (10 years of imprisonment) is too unreasonable.

Judgment

The prosecutor of the judgment ex officio on the part of the case against the defendant was at the trial, and applied for the amendment of the indictment to add "the defendant was sentenced to two and a half years and six months of imprisonment due to the minor's bodily injury by force on April 13, 1990" to the part of the charge of the crime of this case, and since the above court permitted it, the part of the case against the defendant among the judgment below cannot be maintained as it is.

However, even though the above reasons for ex officio reversal in the part of the judgment of the court below exist, the defendant's mistake of facts and the argument of mental disability is still subject to the judgment of this court.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court of the original judgment regarding the assertion of mistake, the defendant may be found to have committed an indecent act against the defendant by taking advantage of the victim F and the victim H's failure to resist.

In the same purport, the defendant is found guilty of this part of the facts charged.