성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
1. The judgment below is reversed.
2. The defendant shall be punished by imprisonment for a period of two years and six months;
3. Provided, That for four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. Defendant 1 did not have committed indecent act by mistake as stated in the facts charged in the instant case. Nevertheless, the lower court found Defendant guilty on the grounds of the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) Even if the facts charged in the instant case are found guilty, the lower court’s imprisonment (two years and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport, and on this, the lower court determined that the Defendant could recognize the fact that the Defendant committed indecent act by force, as recorded in the facts charged, by clearly explaining the circumstances in its reasoning under the title of “determination on the Defendant and his defense counsel’s assertion”
Examining the evidence legitimately adopted and examined by the court below in comparison with the above judgment, the above fact-finding and judgment of the court below are justified (the statement of the witness I does not interfere with the above fact-finding) and there is no error of law such as misconception of facts as alleged by the defendant.
B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime appears to have been committed by the Defendant on the grounds that the Defendant committed an indecent act by compulsion on the Defendant’s age, and the degree of the indecent act is not less severe, and the victim appears to have received considerable mental impulse due to the said crime.
Nevertheless, the Defendant appears to have an attitude to criticize the victim and his/her family by asserting that the victim and his/her mother made a false statement without reflecting his/her mistake, and thus, cannot be deemed to be somewhat liable.
However, at the time of the instant crime.