성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. In regard to the mistake of facts (as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Indecent Act on the Punishment, etc. of Sexual Crimes under Paragraph (1) of the Criminal Crimes in the judgment of the original trial, the Defendant led to the confession of assault among the facts charged in the instant case). The victim has a characteristic of responding excessively to physical contact, and there were several times where the victim tolds that he did not know or did not have any fact
Even according to the statement of the victim, all of the facts charged in this part of the charges were committed at the victim’s parents at the same time, but the victim’s parents failed to restrain or resist the defendant’s act at the time, and thus, the defendant’s act was committed against the defendant holding his mobile phone despite the absence of actual act as described in each of the facts charged. The victim’s act was committed against the defendant, or the victim’s act was committed against the defendant, or the victim stated that the physical contact with the defendant was committed by expressing her friendship with the victim by expressing her friendship, or by making a statement as if the victim’s act was distorted or distorted.
At the time of the instant case, the parents of the victim, together with the Defendant and the victim, did not clearly and consistently state that they observed the act of the Defendant, such as the facts charged, in the investigative agency and the court of original instance.
Nevertheless, the lower court found the Defendant guilty of each of the facts charged on the basis of the statements made by the victim and his parents with no credibility. In so doing, the lower court erred by misapprehending the facts.
B. The sentence imposed by the lower court (five years of imprisonment, etc.) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. The Defendant also asserted the same as the lower court, and the lower court stated that the victim’s P Center’s statement was reliable and the victim’s parent’s investigation agency and the lower court’s statement are supported.