성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. Summary of grounds for appeal;
A. Part 1 of the case, although the defendant and the person who requested the attachment order (hereinafter “the defendant”) committed an indecent act against the victims as stated in the facts charged, the court below found the defendant guilty of the facts charged on the grounds of the victim’s statement with no credibility for the following reasons, it erred by misapprehending the facts and affecting the conclusion of the judgment.
A) On July 25, 2015, the Defendant: (a) concluded a lease agreement with the owner of the instant housing C (hereinafter “instant housing”); and (b) occupied the instant housing on August 3, 2015; (c) the victims were forced to commit an indecent act against the Defendant.
On July 28, 2015 and July 29, 2015, the victims' houses entered in the instant house and the Defendant's house could not be forced to commit indecent acts.
B) On July 28, 2015, the victims had a mother of D in D’s house and kitchen at the time when the Defendant forced the victims to commit an indecent act at D’s house.
Although the mother of the victim D makes statements, it is difficult to understand the victims' statements that the defendant forced the victims to commit an indecent act in the same space.
C) While the Defendant, on September 6, 2015, 19:30, had met the victim D and D’s son G while leaving the victim’s house gate for fishing, the Defendant did not commit an indecent act against the victim D, such as as written in the facts charged, at the time.
D) The victim D had first stated in the investigative agency that “the Defendant was able to put his hand on the part of the victim F,” and then stated that “the Defendant was able to bring his hand on the part of the victim F (Evidence No. 106 of the Evidence No. 1 of the Evidence No. 1 of the Evidence No. 1 of the Evidence No. 1 of the Evidence No. 1 of the Evidence No. 1 of the Record No. 1 of the Evidence No. 1, 123 of the Evidence No. 1 of the Evidence No. 1 of the Record), but later,
E) X lacks specific and detailed descriptions of the victim D’s statements.