성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act against the victims as stated in the instant facts charged.
B. Even if the sentencing is found guilty against the defendant, the sentence of the court below (the imprisonment of six months, the suspended sentence of two years, the community service order 80 hours, the order to attend a sexual assault treatment lecture 40 hours) is too unreasonable.
2. Determination
A. 1) In determining the credibility of a victim’s statement supporting the facts charged, the court shall assess the credibility of the victim’s statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is in the witness examination protocol, and the penance of the statement, which are hard to record in the open court after taking an oath before a judge, and the fact that the victim’s statement conforms to the logical inconsistency or rule of experience, and whether it conforms to the witness’s statement in the principal part of the facts charged (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2012Do2631, Jun. 28, 2012; 2012; 2008Do1631, Jun. 28, 2012; 2017Do16207, supra, cannot be viewed as adopting credibility of the witness’s statement, including other minor statements, and 2074.
The result of the first deliberation and the appellate court shall be the special circumstances or the results of the examination.