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The defendant's appeal is dismissed.
Reasons
1. The first instance court rendered a judgment of conviction against the accused and the person against whom the attachment order was requested (hereinafter “defendants”), and dismissed the prosecutor’s request with respect to the case for which the request for the attachment order was filed. Accordingly, the part of the case for which the request for the attachment order was filed has no benefit of appeal, and this part is excluded from the scope of this court’s judgment notwithstanding Article 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, as there is no benefit
2. Summary of grounds for appeal;
A. Fact-finding 1) The Defendant did not have committed any indecent act by force against the victim as stated in the facts charged. However, even though the Defendant committed an indecent act by force against the victim, etc. which might be easily seen as a means of encouragement, it does not constitute an indecent act by force, and in light of the process of such act, it does not constitute an extent that it is recognized as a indecent act by force, and the Defendant did not have the intent to commit indecent act by force against the victim at the time of the occurrence of the instant case. (ii) The Defendant was under medical treatment by force against the victim due to the victim’s sexual stress disorder is not caused by the Defendant’s act, but is not related to the Defendant’s act.
Nevertheless, the first instance court convicted all of the charges of this case by indecent act by indecent act. In the judgment of the first instance, it erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.
B. The sentence imposed by the first instance court of unfair sentencing (three years of imprisonment, etc.) is too unreasonable.
3. Determination
A. As to the assertion of mistake of facts, the defendant and his defense counsel asserted the same purport as the grounds for appeal in the first instance court, and the first instance court's decision is not more than 4 pages of the judgment.
Defendant.