아동ㆍ청소년의성보호에관한법률위반(강간등)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal 1) Since the victim D who misleads the misunderstanding of facts consistently and specifically stated the major damage, the statement has credibility.
The court below found the defendant guilty of the facts charged against other victims who suffered losses similar to this part of the facts charged, and found that the statements of the Supreme Prosecutors' Office of the defense analysis officers are reliable.
Despite the evaluation, the victim D’s statement is somewhat inconsistent with the detailed contents of the type of indecent act, time, place of crime, and method of crime, and the victim D’s statement was rejected, and it was found not guilty of this part of the facts charged.
The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.
2) The punishment sentenced by the lower court (one year and six months of imprisonment, two years of suspended execution, and 40 hours of lectures to treat sexual assault) is too uneasible and unfair.
2. Determination
A. In light of the content of the first instance judgment as to the assertion of mistake of facts and the evidence duly examined by the first instance court, the first instance judgment as to the credibility of the statement made by the first instance witness was clearly erroneous in the determination.
Unless there are extenuating circumstances to view the credibility of a statement made by a witness of the first instance trial and the result of an additional examination of evidence up to the closing of the appellate trial, the appellate court should not reverse without permission the first instance judgment on the grounds that the first instance judgment on the credibility of the statement made by the witness of the first instance trial is different from the appellate court’s judgment, except in exceptional cases where it is deemed that it is significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the first instance trial.
In particular, if the first trial decision rejecting the credibility of the witness's statement supporting the facts charged is followed, it is sufficient and acceptable in light of the presumption of innocence and the principle of the burden of proof.