beta
(영문) 광주고등법원 (제주) 2020.01.29 2019노115

아동ㆍ청소년의성보호에관한법률위반(위계등추행)등

Text

The prosecutor's appeal is dismissed.

Reasons

The lower court acquitted the Defendant of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive means, etc.) among the facts charged in the instant case on the grounds that the statement by the victims is not reliable.

However, since the investigation stage, the victims consistently stated that they were indecent acts from the defendant, and the defendant also made some statements consistent with the victims' statements. In addition to these circumstances, the victims' statements are credibility in the above statements of the victims.

Therefore, in light of the statements of the victims, the judgment of the court below which acquitted the victims of the above charges even if all of the facts charged are found guilty.

Judgment

In light of various circumstances known by the court below through the evidence duly adopted and investigated in the “not guilty part” of the judgment of the court below, the prosecutor also argued the same as the grounds for appeal of this case, and the court below acquitted the victims of this part of the charges on the ground that the only evidence corresponding to this part of the charges is not reliable, and it is difficult for the prosecutor to believe that other evidence submitted by the prosecutor alone is insufficient to recognize the facts of indecent conduct against the victims without reasonable doubt.

Examining the evidence duly adopted and examined by the court below, the judgment of the court below is just and acceptable, and there is no illegality in misconception of facts alleged by the prosecutor.

Therefore, prosecutor's above assertion is without merit.

Although the prosecutor appeals against the judgment of the court below to the effect of unfair sentencing, the prosecutor did not state the specific reasons on the petition of appeal or the statement of grounds of appeal.