아동ㆍ청소년의성보호에관한법률위반(준강간)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is served on June 2, 2017 by the Defendant, who received the notice of receipt of the records of trial, and the defense counsel was appointed thereafter, and the statement of the reasons for appeal filed on June 22, 2017, which was submitted after the expiration of the period for submission of the reasons for appeal, is considered to the extent that it supplements the grounds for appeal.
A. Fact misunderstanding - The Defendant did not know that the victim was a child or juvenile under the age of 19 with respect to quasi-rape and quasi-rape, and agreed with the victim and made a sexual relationship with the victim, and at the time, the victim did not in a state of resistance under the influence of alcohol.
B. The sentence sentenced by the lower court (five years of imprisonment, confiscation, and 40 hours of order) is too unreasonable.
2. Determination
A. The Defendant also asserted the same purport as the above grounds for appeal, and the lower court rejected the above assertion in detail by providing a detailed judgment on the assertion of mistake of facts.
In light of the circumstances revealed by the lower court in light of the following: (a) the lower court’s determination is justifiable; and (b) the Defendant’s allegation is rejected as it did not err by misapprehending the legal doctrine on the credibility of the victim’s statement and the Defendant’s statement.
A) The mere fact that the witness’s statement as to the credibility of the victim’s statement is consistent in the main part of the statement, and it is somewhat inconsistent with the other minor matters, etc. does not readily deny the credibility of the statement (see, e.g., Supreme Court Decision 2007Do10728, Mar. 14, 2008). In full view of the following circumstances revealed by the evidence duly adopted and investigated by the court below, the victim’s statement is acknowledged credibility.
(1) The statements in the investigative agency and the court of the court below at the victim L, stating the age of the victim to the defendant at the time when the defendant first arrives.