beta
(영문) 서울고등법원 2018.05.03 2018노408

아동ㆍ청소년의성보호에관한법률위반(위계등간음)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, such as mistake of fact, is merely a sexual intercourse under the agreement with the victim, and does not have sexual intercourse with the victim by force.

Nevertheless, the court below found the defendant guilty on the grounds of the victim's statement without credibility. The court below erred by misunderstanding the facts and misunderstanding the legal principles.

B. The sentencing of the lower court is too unreasonable.

2. Determination

A. The Defendant also asserted that the judgment of the lower court on the assertion of mistake of fact, etc. is identical to the assertion of mistake of fact, etc., and the lower court rejected the aforementioned assertion by providing a detailed statement on the determination.

In light of the following circumstances admitted by the court below based on the evidence duly adopted and examined by the court below, since the defendant could sufficiently recognize the fact that he/she had sexual intercourse with the victim who is a child or juvenile by force as stated in the court below's decision, the recognition and decision of the above facts are just, and there were errors by misapprehending the legal principles as alleged by the defendant.

subsection (b) of this section.

Therefore, the defendant's misunderstanding of facts is without merit.

1) In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements, taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statements made by the victim, etc., and if the statements made by the witness, including the victim, etc., are mutually consistent and consistent with the facts charged, it shall be objectively deemed to have no credibility.