성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act by compulsion or similarity of the victim as stated in the facts charged.
The victim's statement is inconsistent, solid and reasonable, and is contrary to the rule of experience, so it cannot be acknowledged as the facts charged.
B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment, forty hours of order, and ten years of restriction on employment) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the lower court determined that the credibility of the victim’s statement can be acknowledged by comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, and that according to each of the evidence of the lower judgment, including the victim’s statement, the Defendant could recognize the fact that the Defendant committed indecent act or similar act
On December 10, 2018, the victim stated the fact of damage in the J Center's statement recording room.
The victim consistently and specifically stated the time and place of each crime, the place of the crime, the job placement of the victim and the defendant, the access of the defendant, and the other actions the victim took place.
Specific body part of the victim's body and the method of contact at the time of crime, etc., expressed by the victim using the personal form, shall be identical to the part of the damage expressed by the victim.
The police officer who received the statements from the victim at the J Center and examined the victim's statement, led the victim to answer the open selective type questions, led the victim, and led the victim. The amount of the victim's voluntary statement was frighten by using the picture or the life style.
The injured party shall notify the neighboring natives, counseling teachers, and the mother of this mother C and mother living together of the same damage several times on December 10, 2018, and later at the police on December 10, 2018.
Specifically, there is no room for false intervention, such as mistake, dismissal, etc. in the statement.