아동ㆍ청소년의성보호에관한법률위반(강제추행)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) In fact, Defendant 1 recognized the fact that the Defendant, by misunderstanding the victim as to the date and time, at the place specified in the facts charged, assaulted the victim and inflicted an injury on the victim. However, the circumstance is different from the facts charged, and there was no assault against the victim in
2) The lower court’s sentence (eight months of imprisonment) against an unfair defendant in sentencing is too unreasonable.
B. Prosecutor 1) The victim’s statement that the Defendant, as stated in the facts charged, committed an indecent act by force against the victim at the time and place, is consistent and specific, and the result of the physiological examination is also true and credibility.
The defendant's assertion is contrary to the rule of experience because the defendant and the victim have abused the victim's own identity solely on the ground that the victim's telephone was simply another male's cell phone while the defendant and the victim have her face with each other.
Therefore, although it could sufficiently recognize the Defendant’s crime of violation of the Act on the Protection of Juveniles against Sexual Abuse by the statement made by the victim with credibility, the lower court found the Defendant not guilty of this part by misunderstanding the fact.
2) The lower court’s sentence against an unfair defendant in sentencing is too uncomfortable.
2. Judgment on the grounds for appeal
A. As to the grounds for appeal of mistake of the facts by the Defendant, the lower court consistently made a statement to the purport that it conforms to the facts charged, such as the situation at the time of the first police investigation from the lower court to the lower court’s trial, the defendant’s part at the time of the crime, and the victim’s perception, etc., and the content of the statement is unreasonable in light of specific and empirical rules to the extent that the victim did not directly experience or express it to the extent that it is difficult for the victim to make it difficult for him/her to state or express, and there is no reason for the victim to make a false statement.