성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. Articles 1 and 2-A of the facts constituting a crime in the judgment of the court below.
Along with the fact that the victim's panty and the panty of the victim who was divingd at each time mentioned in the paragraph, the victim's panty only did not commit any act such as inserting the victim's sexual flag into the victim's panty, or making the victim's sexual flag rapidly. B.
There is no fact that the act was done such as the statement in the claim.
Nevertheless, the judgment of the court below which found all of the charges of this case guilty on the basis of the statement of the victim without credibility is erroneous in the misapprehension of facts and affected the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (six years of imprisonment, etc.) is too unreasonable.
2. Determination
A. 1) The judgment of the court below also argued the same purport in the judgment of the court below. The court below held that the victim's statement concerning the defendant's act is sufficiently reliable, and according to the statement, the victim's attempted rape as stated in each criminal facts in the judgment of the court below, and then committed indecent act on two occasions thereafter. ① The victim has made a consistent statement as to whether the defendant's sexual organ was inserted into the victim's sexual organ in relation to each criminal facts in the judgment of the court below after the complaint of the defendant was filed through the investigative agency and through the court of the court of the court below (Article 1 (1) of the judgment of the court below, but there was a little change in the statement as to whether the victim's sexual organ was inserted into the victim's sexual organ, the whole statement that the defendant attempted to put in the victim's sexual organ but suspended the victim's sexual organ, but it is merely a difference in the judgment as to whether the victim's sexual organ was inserted even after the victim's last part of the defendant's sexual organ was inserted.