아동복지법위반(아동에대한음행강요ㆍ매개ㆍ성희롱등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
The defendant shall be treated for 40 hours of sexual assault.
1. The victim's statement that conforms to the facts charged in the instant case is not reliable.
Nevertheless, the judgment of the court below which found the defendant guilty on the ground of the victim's statement is erroneous by misunderstanding the facts and affecting the judgment.
2. Determination on the grounds for appeal
A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements by taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to make a statement in the open court after being sworn before a judge, the appearance of the witness, and the penance of the statement, which are hard to record (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009); where the statements made by the witness are consistent in the main part thereof, it shall not arbitrarily deny the credibility of the statements solely on the grounds that the statements made by the witness are somewhat inconsistent with the rationality, logic, appearance, or rule of experience, or the statements made by a third party.
(See Supreme Court Decision 2007Do10728 Decided March 14, 2008, etc.). B.
The evidence that corresponds to the facts charged in this case is the victim's statement.
In light of the characteristics of the instant crime, such point cannot be deemed to constitute an exceptional case.
Ultimately, in judging the legitimacy of the judgment of the court below, the credibility of the victim's statement should be examined.
C. The victim appeared as a witness in the court of the trial at the time, and made a concrete and detailed statement on the background of sexual abuse by the Defendant, the details of the Defendant’s speech and behavior at that time, the emotional harm inflicted upon the victim at that time, and the actions of the victim responding thereto.
The content of this case is a second-year middle school at the time of the crime, and high school at the time of the party testimony.