성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The victim D's statement related to this part of the facts charged is not reliable, with respect to a mistake of fact (as to the part concerning a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place).
Nevertheless, the judgment of the court below that found the victim's statement to be reliable and found guilty of this part of the facts charged is erroneous and adversely affected by the judgment.
B. The sentence of unfair sentencing (two years of suspended execution of imprisonment for six months) by the lower court is too unreasonable.
2. Determination
A. In a case where the statements of witnesses, including the victim of a judgment on the assertion of mistake of facts, are mutually consistent and consistent with the facts charged, they shall not be rejected without permission, unless there exists any separate evidence to deem that the credibility of the statements is objectively evident. The mere fact that the statements of the witness are consistent in the major parts of the statements, such as where the statements of the witness are consistent, and are somewhat inconsistent with the statements of other insignificant matters, the credibility of the statements should not
(see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The Defendant asserted the same purport in the lower court, and the lower court rejected the Defendant’s assertion in detail by providing a detailed statement of the decision.
The above legal principles and the circumstances determined by the court below are as follows. In other words, the victim made a concrete and consistent statement from the investigative agency to the court of the court below regarding the main part of the damaged facts, such as the background of the indecent act committed by the defendant at the time of the instant case, the situation before and after the indecent act, and the method of indecent act, etc., and the victim identified the defendant as the criminal, and the victim confirmed the face of the victim's knife who was the victim's knife who entered the body at the time of the instant case, and then confirmed the defendant (the trial record 64 pages).