Text
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for four years.
80 hours per the defendant.
Reasons
1. Summary of grounds for appeal;
A. The part of the defendant's case (the defendant and the defense counsel who is requested to attach an attachment order and the defendant and the defense counsel present the same argument as the grounds for appeal filed after the lapse of the period for submitting the grounds for appeal, and the court of the trial will examine and reverse the judgment below ex officio based on the above argument (hereinafter referred to as "defendant").
1) As to the crime of rape injury, it does not constitute “injury” as referred to in the crime of rape injury, even though the injury suffered by the victim in the instant case was extremely minor and does not undergo treatment. 2) As to the punishment sentenced by the lower court (two years of imprisonment, 80 hours of order to complete sexual assault treatment programs, 10 years of order to disclose, disclose, and notify), the Defendant asserts that the injury suffered by the victim in the instant case is too unreasonable and unfair, and the prosecutor asserts that it is too uneasible and unfair.
B. The judgment of the court below that dismissed the request for attachment order even if the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") were fully aware of the risk of recommitting a sexual crime, is erroneous and adversely affected by misapprehending the fact.
2. Determination
A. In the part of the Defendant case, the injury resulting from rape on the part of the Defendant’s 1’s assertion of misapprehension of the legal doctrine is extremely minor and thus need to be treated as it does not constitute the injury of the injury or injury resulting from rape, etc. in a case where natural healing and daily life are not impeded. However, such argument is based on the premise that the injury or injury resulting from rape is the same as the injury or injury that may normally arise during a daily life or that may occur in the course of sexual intercourse by agreement.