아동ㆍ청소년의성보호에관한법률위반(강제추행)
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant (related to the guilty part of the lower judgment) did not commit an indecent act by force against the victim E.
The victim E's statements are not consistent, and the contents of the statement, such as the date and time of damage, are more concrete compared to the empirical rule, and there is no credibility in light of the fact that the statements in the damaged situation are contradictory to I and J's statements.
Nevertheless, the judgment of the court below that found this part guilty based on the victim E's statement is erroneous in misunderstanding of facts.
B. The prosecutor (related to the part not guilty in the judgment of the court below) No. 1-A(a) of the part not guilty in the judgment of the court below is consistent with the main part that "the victim B related to this part of the non-guilty part of the judgment of the court below stated that "the defendant was married to her head in the second part of the defendant's head, and the defendant was delivered to her chest by hand," and the statement of E and G also correspond to the victim's statement in the main part. The victim's statement is credibility. Furthermore, in light of the status, age, and degree of exercise of physical power of the defendant and the victim, it is reasonable to view the above behavior of the defendant as an indecent act. Nevertheless, the judgment of the court below which acquitted the defendant of this part is erroneous in misunderstanding of facts.
A victim B related to a port consistently states the main part that “the defendant has delivered both chests of the victim in a situation in which the defendant and the defendant are reported to him/her,” and the content that E was taken from the victim also accords with the victim’s statement.
The court below rejected the credibility of the victim's statement while it violated the victim's statement and the victim's statement that "the victim sent this speech to the defendant by making it difficult to say that the victim sent the text message to the defendant on the day following the case."