성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for four years.
Sexual assault, 80 hours against the defendant.
1. Summary of grounds for appeal;
A. The Defendant and the person subject to a request for attachment order (hereinafter “Defendant 1”) do not commit indecent acts or similar acts against a minor victim under the age of 13 as stated in each of the facts charged in the instant case, and the Defendant and the divorced spouse and the church make the victim make a false statement. Nevertheless, the lower court found the Defendant guilty of all of the facts charged in the instant case on the grounds of the victim’s statement without credibility, etc., which erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) In so doing, the lower court’s judgment that found the Defendant guilty of all of the facts charged in the instant case on the grounds of unfair sentencing (one year of imprisonment, and 80 hours of program for sexual assault treatment)
B. Prosecutor 1) The lower court’s sentence on the part of the Defendant’s case is too unfasible and unreasonable. 2) Even if the Defendant committed a sexual crime against a person under the age of 19 and is likely to recommit a sexual crime, it is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order.
2. Determination on the part of the defendant's case
A. 1) The key issue of the instant case is that the Defendant denies all the crimes identical to the facts charged from the investigative agency to the court of this case. Meanwhile, the direct evidence that could be found guilty of each of the facts charged in the instant case among the evidence submitted by the Prosecutor is the victim’s statement. Since the remaining evidence is based on the victim’s statement or it is insufficient to find the Defendant guilty of each of the facts charged in the instant case by itself, the key issue of the instant case is whether the victim’s credibility is the credibility of the victim’s statement. 2) In a case where the relevant legal doctrine determines the credibility of the statement made by the victim of sexual assault at the investigative agency, the child is strong crypt by the questioning, and is confused with the upper and present situation, or is memory.