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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. The court below found not guilty of the facts charged in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (similar to the disabled) on the grounds of the judgment, and found the guilty guilty of the facts charged in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts such as Fraudulent Means by the disabled) within the scope of the same facts charged. The prosecutor appealed against the judgment of the court below and appealed only unfair sentencing as to the guilty portion,
Thus, according to the principle of non-guilty appeal, the part on acquittal of the above reasons is also judged in the trial together with the guilty part. However, this part is already separated from the object of attack and defense between the parties, and thus, this part cannot be determined in that part.
(see, e.g., Supreme Court Decision 2004Do5014, Oct. 28, 2004). Therefore, the part not guilty on the above ground should be subject to the conclusion of the lower judgment, and it is not separately determined.
2. Summary of grounds for appeal;
A. The Defendant and the respondent for the attachment order (the part concerning the Defendant’s case and the part concerning the claim for the attachment order) and the part concerning the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct against Persons with Disabilities, etc.) and the respondent for the attachment order (hereinafter “defendants”) have several times of sexual intercourse and sexual contact with the victim at the victim’s house or the telecom prior to the occurrence of this part of the case. At the time of the instant case, the Defendant and the respondent for the attachment order had several times of sexual contact with the victim, and there was no similar act in the singing room at the time of the instant case.
B) The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the part of the Defendant committing rape, etc.) together with the victim to accommodation establishments.