아동ㆍ청소년의성보호에관한법률위반(강제추행)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act against the victim as stated in the facts charged.
In the case of indecent act in the waiting room, even if based on CCTV images taken into the waiting room, the accused is only a head to see the victim's scambling part, etc., and does not appear in the face of indecent act as described in the facts charged.
At the time, there was only the victim's intention to kill the victim's father, and there was no intention to commit an indecent act.
An indecent act in the bedclothes room is the only evidence of the victim's statement. The content of the first statement made by the victim to the counseling teacher does not contain any content about the indecent act, and the herb doctor who diagnosed the victim did not engage in any other peculiar act. It is also sufficiently possible for the victim to consistently state his/her opinion while exaggerationing the damage. Therefore, it is difficult to believe the victim's statement.
B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution, 80 hours of attending lecture for treatment of sexual assault, and 3 years of restriction on employment) is too unreasonable.
2. Determination
A. As to the assertion of mistake of facts, the lower court acknowledged the following facts or circumstances, which can be acknowledged by the evidence duly adopted and investigated first, by comprehensively taking into account the following facts and circumstances, the lower court acknowledged the fact that the Defendant, as stated in the facts charged, placed the victim’s bridge in front of the victim’s knee in the waiting room, left the victim’s knee in the vicinity of the knee, taken the buckbucks, taken the bucks, taken the bucks, taken the spacks, and spacks the victim who continued to be in the bedclothes room.
Next, considering the consistency of the victim's statement and the existence of the victim's statement, the victim's statement that conforms to the facts charged can be reliable.
◎ 피해자는 수사기관에서, 한의원 대기실에서 '피고인이 피해자 옆으로 가까이 앉아서 피해자의...