성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant and the respondent for the attachment order (hereinafter “Defendant”) committed an indecent act against the victim F and G merely committed an indecent act in order to verify the victim F’s name at the time of the instant case.
2) The sentence of the lower court’s sentence against an unfair defendant in sentencing (one year of suspended sentence in two and half years of imprisonment) is too unreasonable.
B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.
2. Determination
A. 1) In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court, the victims’ statements can be deemed to have been reliable, and in full view of the victims’ statements and the remaining evidence, the facts of indecent act against the victims as stated in the facts constituting the crime in the judgment of the lower court can be sufficiently acknowledged.
① On November 27, 2015, the day of the instant case, the victim F made a statement to the effect as follows. The victim F made a statement to the effect that the police officer’s question was made in the video recording room of the statement made by the Women’s and Children’s Center on the day of the instant case. The major contents of the statement are generally specific and consistent in lieu of the contents of the statement, including detailed parts that are difficult to speak unless they directly experience in the process of the crime, the situation before and after the crime, the psychological condition at the time of the crime, etc., and the interviewer in the process of making the statement as follows: (a) the interviewer provided the answer of the victim F by an open question; (b) by generally asking open questions, allow the victim F to make a voluntary statement of the fact of damage; and (c)
There is also no circumstance to see.
When looking at these points, the victim F's statement on the criminal facts as stated in the judgment is reliable.