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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant and the person who requested an attachment order (misunderstanding of the facts) did not engage in sexual abuse by: (a) Defendant and the person who requested an attachment order (hereinafter “Defendant”) against the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes; and (b) Defendant and the person who requested the attachment order (hereinafter “Defendant”) based on obscene video as described in the facts charged, and viewed it to the victim.
2) There is no fact that the defendant, as stated in the facts charged, has sexual intercourse with or commits an indecent act against the victim in the part concerning the rape of the minor or the coercion of the minor.
The injured person makes a false statement at the start of the defendant.
3) The Defendant did not know that the Defendant violated the Act on the Protection of Children and Juveniles against Sexual Abuse (Possession of obscene materials) did not keep the file of obscene materials for the use of children in the Defendant’s computer, and that the file was kept in the Defendant’s computer.
B. The prosecutor (unfair dismissal of a request for attachment order, and improper sentencing)’s order to attach an electronic device is deemed to have a high risk of recidivism, and thus, the order to attach an electronic device is to be issued, and the lower court’s punishment (a period of six years and 80 hours of imprisonment) is also unreasonable.
2. Judgment on the grounds for appeal
A. On the grounds of the Defendant’s appeal, the lower court determined that the victim’s statement consistent with this part of the facts charged is reliable, and that the victim’s statement is not necessary to be divided if the investigation of the instant case was initiated, the letters exchanged between the Defendant and the victim did not have a real sexual relationship, the Defendant’s fixed amount or DNA and the victim’s DNA were detected at the time of the gathering of the Defendant and the victim’s house, and the Defendant and the victim entered a kindergarten as an annex to D elementary schools on May 14, 2016.