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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The court below rendered a judgment of conviction on the part of the defendant's case which was the previous case, and rendered a judgment of dismissal of the prosecutor's request on the part of the request for probation order.
On the other hand, since only the defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") have lodged an appeal, there is no interest in appeal regarding the part of the probation order claim
Therefore, notwithstanding the provisions of Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders (hereinafter “Electronic Monitoring Act”), the part of the request for probation order is excluded from the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant did not have taken charge of the victim’s chest or exceeded panty, and the victim attempted to have panty sound and did not have any intention or intention to rape with the victim.
Nevertheless, the court below found the defendant guilty of the facts charged of this case on the sole basis of the victim's statement that cannot be recognized credibility.
B. The sentence imposed by the lower court (five years of imprisonment, etc.) is too unreasonable.
C. It is unreasonable for the court below to order the defendant to disclose the information of the defendant for 10 years in the statement of reasons for appeal dated January 20, 2020.
It is unreasonable for the court below to order the defendant to attach an electronic tracking device for 10 years, although the defendant in the statement of grounds of appeal on January 20, 2020, who was improper to attach an electronic tracking device, cannot be deemed to pose a risk of recidivism of sexual crimes
3. Determination of the accused case
A. The defendant and defense counsel in the judgment of the court below as to the assertion of mistake of facts also in the court below.