아동ㆍ청소년의성보호에관한법률위반(음란물소지)등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.
B. (1) According to the prosecutor's statement of the victim of mistake of facts and the defendant's police, it can be recognized that the defendant has taken the victim's body against his will.
Nevertheless, the judgment of the court below which acquitted the Defendant of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes due to the use of a camera, etc. among the charged facts of this case.
(2) The sentence imposed by the lower court on the Defendant is too uneasible and unreasonable.
2. Determination
A. As to the prosecutor’s assertion of mistake of facts, the lower court determined that the prosecutor’s statement alone is difficult to recognize this part of the facts charged, and it is difficult to recognize this part of the charges as other evidence submitted by the prosecutor, considering the fact that there is a statement in the victim D’s investigative agency as evidence consistent with this part of the facts charged, which is the evidence that corresponds to this part of the facts charged, and that this is embodied as the fact that the investigation
In light of the records, the above judgment of the court below is just and there is no illegality that affected the judgment by mistake of facts.
In addition, since the defendant denies the contents of the protocol of interrogation of the police officer against the defendant during the trial, it is not admissible in accordance with Article 312 (3) of the Criminal Procedure Act.
Therefore, this part of the facts charged cannot be used as direct evidence, and it cannot be used as supporting materials to reinforce the probative value of the victim's statement, which is direct evidence.
(See Supreme Court Decision 2008Do7112 Decided December 11, 2008). Therefore, prosecutor’s above assertion is without merit.
B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant around 2010.