Text
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for one year.
The judgment below
(2).
Reasons
1. Summary of grounds for appeal;
A. As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) against the Defendant and the person against whom the probation order was requested and the person against whom the attachment order was requested (hereinafter referred to as “the Defendant”), the lower court found the Defendant not guilty of this part of the facts charged, based on the evidence submitted by the prosecutor, is erroneous in matters
B. Of the petition of appeal submitted by the prosecutor of unfair sentencing, the purport of “justifiableness” is stated in the part of “reason for appeal.”
The sentencing of the court below (six months of imprisonment) is too unhued and unfair.
2. When the judgment prosecutor has filed an appeal against the accused case, it is deemed that an appeal has been filed regarding the attachment order case and the probation order case pursuant to Articles 21-8 and 9(8) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders. However, inasmuch as the prosecutor’s grounds of appeal or a petition of appeal does not state any direct grounds for appeal, and the judgment of the court below which acquitted the accused of the charges of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the injury caused by rape, etc.)
(1) On May 25, 2014, the Defendant charged with the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) said that “A victim D (a person, a person, and a person aged 25) first known to him/her on the day he/she performed drinking together with several persons at the main points located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul and said that “A person will go back to his/her house” after going through the victim’s house in the same region, and “A person will report that he/she would come back to his/her house,” and said, “A person will go back to his/her house,” and immediately intrudes the victim into the house of the victim and the victim pursuant to the end of his/her year.