성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The defendant does not have any act of similarity by deceiving the victim's chest and inserting his fingers into the sexual flag.
Nevertheless, the judgment of the court below which found the defendant guilty on the grounds of the victim's statement without credibility is erroneous in the misapprehension of facts and affected the conclusion of the judgment.
B. The sentence of the lower court’s unfair sentencing (three and half years of imprisonment, and 100 hours of order to complete a sexual assault treatment program) is excessively unreasonable.
2. Determination
A. 1) As to the assertion of mistake of fact, the lower court also argued to the same effect as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion and found the Defendant guilty of this part of the charges on the following grounds.
(1) The victim has made detailed and consistent statements at an investigative agency regarding the background of the damage inflicted on the Defendant, the time of the crime, and the circumstances after the crime. The content of the statement made by the victim under the age of 12 is specific to the extent that it is impossible for the victim to have no direct experience, and there is no circumstance to suspect the credibility of the statement
② In light of the fact that the victim initially known the Defendant after hospitalization, etc., it is difficult to find the reason to dismiss the Defendant by tending or exaggerationing the fact of false damage. In light of the fact that the time of crime was five new walls and that the patient and the guardian were all the patients except the Defendant and the victim, it is difficult to view that the crime of this case is impossible.
③ After committing the Defendant’s crime, the victim knew the Defendant’s injury to the Defendant’s sick room and nursing private H, and followed the Defendant did not respond properly to H’s questions and went back to the sick room, and the victim took a night outside the sick room.
The injured party became aware of the damage to the mother of the next day and the injured party.