아동ㆍ청소년의성보호에관한법률위반(강제추행)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act against the victim as stated in the facts charged.
However, the lower court found the Defendant guilty of the instant facts charged by using the statement of the victim without credibility as evidence.
Therefore, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The Prosecutor’s sentence of the lower court (one year of imprisonment with prison labor and two years of suspended sentence) is too unhued and unreasonable.
2. Determination
A. In a case where there are no new objective grounds that could affect the formation of conviction during the appellate trial’s trial process of the appellate court’s determination as to the Defendant’s assertion, and there are no reasonable circumstances to deem that the determination of the value of evidence for the first instance was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules, the determination on the recognition of facts in the first instance deliberation shall not be allowed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). In the lower court’s assertion to the same effect as the grounds for appeal, the lower court found the Defendant guilty on the grounds of the detailed circumstances in the “the determination of the Defendant and the defense counsel’s assertion”.
There is no reasonable reason to deem that the judgment of the court below was clearly erroneous in the examination of evidence or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.
In addition, there is no new objective reason to affect the formation of evidence in the trial process of one court.
The judgment of the court below is justified.
Defendant’s assertion is not accepted.
B. The Defendant’s determination of the Prosecutor’s assertion is the victim by approaching the victim’s body with his/her father’s father’s father’s father’s father’s father’s father’s father’s father’s mother, and intending to bring the victim’s grandchildren to his/her mother.