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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for two years.
except that this judgment.
Reasons
1. On January 18, 1983, the court below rendered a judgment dismissing the prosecutor's request regarding the part of the case of the defendant and the case for which the attachment order is requested. Since only the defendant appealeds the part of the case of the attachment order, the part of the case of the attachment order does not have any interest in appeal, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, this part is excluded from the scope of the judgment of this court (see, e.g., Supreme Court Decision 82Do2823, 82Do611, Jan. 18, 1983). 2. The summary of the grounds for appeal is unreasonable because the court below sentenced the defendant to the punishment (two years of imprisonment, 40 hours of completion
3. The crime of this case was committed by the Defendant, who is a juvenile of class 3 of the intellectual disability that the Defendant came to know through the Internet hosting, and the so-called so-called "malkbook" can be used by the Internet, and games can be operated and has sexual intercourse with the victim with the knowledge that it is a well-fashing place, and thus, the crime of this case is not committed in that it is not sufficient to recognize and judge due to intellectual disability, but it is the object of resolving his/her sexual desire, and in particular, it is disadvantageous to the Defendant that our society needs to protect children and juveniles with disabilities who have a lack of sexual self-protection ability.
On the other hand, the defendant has no criminal power against the defendant, and the defendant also corresponds to the physically disabled person of class 4 due to the aftermathy aftermathy, and the defendant seems to have recognized his mistake and repented in the truth. Before being detained due to the crime of this case, the defendant resided with his parents and women and works as A/S counselors, etc., with a certificate of qualification as a computer information device operating technician.