아동ㆍ청소년의성보호에관한법률위반(강제추행)
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Of the facts charged by the Defendant (misunderstanding of facts, etc.), there is evidence of the facts charged concerning each of the above facts charged (hereinafter “the facts charged of guilty”) on the grounds that it is difficult for the victims E and F (hereinafter “victims”) to give credibility in some of the facts alleged in the judgment of the court below, which are the guilty part of the judgment of the court below, on the grounds that it is difficult to give credibility in some of the facts charged.
Thus, it cannot be concluded that the statements of the victims about the remaining facts of damage are true and correct, so there is sufficient credibility to the victims' statements about the facts of guilt.
It is difficult to see it.
Nevertheless, the court below convicted the guilty portion of the charges, which is erroneous in the misunderstanding of facts or in the misunderstanding of legal principles.
B. Prosecutor 1) Since the main parts of the written judgment of the court below that acquitted the victim B of the facts charged against the charge of the non-guilty portion (hereinafter “the facts charged against non-guilty portion”) and each part of the written judgment of T that led to the injury from the victim B and the victim B are consistent and specific and its credibility is recognized, the aforementioned victim B and T’s credibility are found guilty of the facts charged against the non-guilty portion.
Nevertheless, the court below rendered a not-guilty verdict on the charge of not-guilty portion. In this case, the court below erred by misapprehending the facts.
2) The sentencing of the lower court’s improper sentencing is too unfortunate and unreasonable.
2. Determination as to the Defendant’s mistake of facts, etc.
A. Relevant legal principles 1) The probative value of evidence is left to the free evaluation of judges, but such determination should be consistent with logical and empirical rules, and the degree of the formation of a conviction to be found guilty in a criminal trial should be such that there is no reasonable doubt, but to the extent that it does not require any possible doubt, and its probative value.