아동ㆍ청소년의성보호에관한법률위반(강제추행)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant did not commit any act identical to the facts charged in the instant case.
There are many contradictory points that the statements of the victims are contradictory, and the court below convicted the victims by reliance on their statements although there is no credibility.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. The lower court found the victims guilty on the ground that the facts charged in the instant case are recognized, in light of the form and attitude of the victims, etc. while attending the court of the lower court and making a statement, and following the determination of credibility of the victims’ statements, the lower court convicted them on the ground that the victims’ statements were reliable.
Even in light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below, it is difficult to find that there is an exceptional reason to recognize the credibility of the victims' statements, and according to the victims' statements, the charges of this case are recognized, and the defendant's assertion is without merit.
① At the time of damage by the police, the victims made a very detailed statement that it is difficult for the police to face without a person who was directly experienced in the situation at the time of the crime, such as the Defendant’s speech and behavior, response to the victims, and a pipe of the victims.
The victims appeared in the court below following the court below and testified as a witness, and their statements about the situation at the time of damage are consistent in important parts since the police, and their credibility is recognized even when their attitudes and attitudes are considered to be the victims' statements in the court of the first instance.
② On the other hand, the part of the statements by the victims disputing the inconsistency or consistency between the defendant and the defense counsel is about detailed facts that any person may be unable to accurately memory depending on the passage of time.