사기등
All appeals by the defendant and the prosecutor are dismissed.
Summary of Reasons for appeal
A. Defendant 1) The Defendant did not commit an indecent act against the victim E.
2) The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
Judgment
A. The Defendant, in the lower court’s determination on the Defendant’s assertion of mistake of facts, led to the confession of the facts charged against forced indecent acts in the lower court, but is dissatisfied with the purport of misunderstanding the facts. As such, the Defendant’s confession at the court of first instance is doubtful of the probative value or credibility of such confession solely on the grounds that the confession differs from the legal statement
In determining the credibility of a confession, the credibility of a confession shall be determined by taking into account the following circumstances, such as whether the contents of the confession are objectively rational, what the motive or reason of the confession is, what is the reason why the confession was caused, and what does not conflict with or conflict with the confession among other evidence than the confession (see, e.g., Supreme Court Decisions 2008Do1994, Jun. 26, 2008; 2010Do2556, Apr. 29, 2010). The court below duly adopted the evidence and duly examined by the court below, and it is sufficiently recognized that the defendant committed an indecent act against the victim, and the credibility of a confession made by the defendant in the court of the court of the court below as to this part of the facts charged may be recognized:
Therefore, the court below's finding the defendant guilty of this part of the facts charged is just, and there is no error of law as alleged by the defendant.
The Defendant denied this part of the facts charged, and in the investigation records of the case where Q Q, the husband of the victim, assaulted the Defendant at the time of the instant crime (see, e.g., e., the trial records 58, 62) “The above Q is concentrated on the Defendant.”
“In doing violence,” the Defendant’s statement was made.