성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. The statements of the victims, which the defendant and the respondent for the attachment order (hereinafter only referred to as the "defendants"), committed indecent acts by mistake, are inconsistent and inconsistent with each other. The judgment of the court below which found the guilty of the part of indecent acts by compulsion on the sole basis of the statements of the victims without credibility and the incomplete statements of the children, and the incomplete statements of the children.
B. The sentence imposed by the court below on the defendant (five years of imprisonment) is too unreasonable.
2. Determination on the part of the defendant's case
A. (1) As to the Defendant’s assertion of mistake of facts, the lower court determined that the Defendant could recognize the fact of indecent act by compulsion, such as the written indictment, on the grounds that there was no circumstance to deem that the police, in the course of responding to police questions, the victim F and G expressed the Defendant’s behavior in detail at the time of the instant case, the victim F and G expressed the Defendant’s behavior in detail, and there was no reason to deem that the said victims led the Defendant to make the said statement to the victim or proposed the said contents. Of the children living in D with the said victims, there was an indecent act against the said victims.
Comprehensively taking account of the evidence duly adopted and examined by the court below, such judgment of the court below is justified and it does not seem that there was an error of mistake of facts.
(2) In light of the following circumstances acknowledged by the lower court based on the evidence duly admitted and examined by the lower court, the lower court’s determination that the victim H was guilty of the part of indecent act by force is justifiable and it does not seem to have any error of mistake of facts.
(1) A victim H shall have suffered from a sexual indecent act.