강제추행등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. Summary of grounds for appeal;
(a) The defendant shall not have committed an indecent act against the victim G as committing a crime (the part concerning a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act against a minor under the age of 13)).
B. The sentence of the lower court’s unfair sentencing (four years of imprisonment, and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.
2. Determination
A. 1) The lower court’s determination on the assertion of mistake of facts 1) The lower court: (a) determined that the victim G made a specific and repeated statement about the method and part of the victim’s indecent act at the time of recording the victim’s statement; (b) the victim’s perception and perception that he/she was committed; (c) the situation before and after his/her indictment; (d) the police officer investigating the victim appears to not induce the victim’s statement during the course of investigation; and (e) the victim’s behavior and statement analysis expert analysis conducted analysis on the victim’s statement, it is deemed that the victim’s statement constitutes a case where the victim’s statement was true; (c) the victim’s statement alone with L on clothes suffered by the victim at the time of the instant case, it is difficult to reject the credibility of the victim’
However, considering the circumstances in which the victim stated in the investigative agency, it seems impossible for the victim’s mother F to make a false statement to the victim, and considering the fact that the written application for the E preparation as shown in the Defendant’s argument is difficult to believe in light of the relationship between the Defendant and E, the victim’s statement recorded in the video recording CD is credibility, and according to the evidence duly adopted and investigated by the lower court, the lower court determined that the Defendant committed an indecent act by force against the victim, such as the criminal facts.
2) The indecent act committed by force the other party to make a decision on the party’s deliberation is not only when the other party commits an indecent act after having the other party make it difficult to resist by assault or intimidation.