특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The defendant is 40 hours of sexual assault therapy.
1. Summary of grounds for appeal;
A. Fact-finding 1) On November 30, 2018, the Defendant’s indecent act by compulsion committed by the victim on the part of November 30, 2018, was aware of the victim D as her her son and did not have any intention to commit an indecent act against the victim. 2) The victim E, a homeless person, was put to a paper stuff where the victim was the victim of the victim due to the early cigarette buttts, and the fire was moved to the bed, etc. where the above victim was covered by the above victim, and there was no string on the paper stuff where the above victim was the victim.
B. The Defendant committed each of the crimes in this case under the state that he lacks the ability to discern things with a disability of Grade II in the mental retardation.
C. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. On November 30, 2018, when determining the credibility of a statement after the first instance court proceeded with the witness examination procedure in the criminal trial procedure on the part of an indecent act by compulsion on the part of November 30, 2018, not only is it consistent with the rationality, logic, and empirical rule of the content of the statement itself, but also with the witness evidence or a third party’s statement, such as the appearance or attitude of the witness who is going to the public statement in the open court after being sworn before the judge, and the penance of the statement, etc., the credibility of the statement should be assessed by directly observing various circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to the public court after being sworn.
On the other hand, the appellate court's determination of credibility of the statement made by the witness of the first instance court under the current Criminal Procedure Act is based on the records including the witness examination protocol in principle, so it has the essential limitation that the appearance and attitude of the witness at the time of the statement that can be considered one of the most important elements in determining credibility of the statement cannot be reflected in the evaluation of credibility.