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Defendant
In addition, the appeal by the requester for an attachment order is dismissed.
Reasons
1. The lower court found the Defendant guilty on the part of the instant case, and accepted the prosecutor’s request regarding the part of the attachment order case, rendered a judgment dismissing the prosecutor’s request regarding the part of the case of the protective observation order, and only the Defendant and the requester for the attachment order (hereinafter “Defendant”) appealed.
Therefore, the part of the case of protection observation order is excluded from the scope of the judgment of this court, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Devices, because there is no benefit in appeal.
2. Summary of grounds for appeal;
A. The Defendant, at the time of committing the instant crime, did not put his fingers into the victim’s resistance.
However, it is unreasonable for the court below to recognize it as a fact by dependent only on the statements of the victim who lacks credibility.
B. The punishment of the lower court’s unfair sentencing (two years and six months of imprisonment) is too heavy.
(c)
It is improper for the court below to accept the request for attachment order, although the defendant was not at risk of reoffending the location tracking device attachment order.
3. Determination
A. 1) The probative value of evidence is left to a judge’s free evaluation, but such determination must be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial is to the extent that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence which is recognized as probative value is not allowed as having a reasonable doubt without any reasonable grounds, beyond the bounds of the principle of free evaluation of evidence. The reasonable doubt here is not all questions and correspondence, but is likely to be inconsistent with facts in accordance with logical and empirical rules.