성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
The defendant's appeal is dismissed.
1. Judgment on the Defendant’s assertion of mistake of facts
A. Although the alleged defendant did not commit an indecent act against the victims, and was deemed to have been forced by a person living together with the victim, the court below convicted him of the facts charged on the basis of the statement of the victims who discovered the person living together with the defendant.
B. In a case where there is no new objective reason to affect the formation of a documentary evidence in the course of the appellate trial’s trial, and there is no reasonable ground to deem that the determination of a documentary evidence for the first instance was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the contrary to logical and empirical rules, the judgment on the recognition of facts in the first instance shall not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). Although the Defendant asserted the same purport at the lower court, the lower court, in so doing, determined on the assertion of the Defendant and the defense counsel.
3. The lower court rejected the Defendant’s assertion on the grounds of the detailed circumstances stated in the “judgment on the assertion of innocence” and found the Defendant guilty of the relevant facts charged.
There is no reasonable reason to deem that the judgment of the court below was clearly erroneous in the examination of evidence or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.
In addition, according to the evidence duly adopted and examined by the court below, the victims clearly distinguished the person living together with the defendant, i.e., a person living together with the defendant, and was committed an indecent act at the defendant's house, not at the victim's house where the person living together with the defendant was living together.
In light of the fact that the victims consistently stated, the defendant's assertion to the effect that they were aware of a person living together with the defendant shall also be accepted.