성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The misunderstanding of the fact and the misunderstanding of the legal doctrine did not commit an indecent act or rape against a victim who is a married couple.
The injured party has made a false statement in the mind that the injured party wants to see himself/herself at the house of G G Na-gu N, who was off the accused who did not directly rear himself/herself, while carrying out his/her own custody, and he/she does not have credibility because the contents of his/her statement are inconsistent, inconsistent, or inconsistent with objective facts.
Furthermore, the result of the psychological evaluation of the victim in the investigative agency includes the opinion that it is difficult for the victim to understand the surrounding environment practically and objectively, and that the situation is negative and misleading.
Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, which found the credibility of the victim's statement and thereby adversely affected the conclusion of the judgment.
2) The punishment sentenced by the lower court to the Defendant (a punishment of eight years of imprisonment, and orders to complete sexual assault treatment programs with 120 hours) is too unreasonable.
B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.
2. Determination
A. Of the evidence on the charged facts of this case, the remaining evidence, except the victim's statement at the investigative agency and court of the court below, is insufficient to view the victim's statement as evidence to support the victim's statement or as evidence with independent probative value to recognize the charged facts. Thus, the victim's statement is the only direct evidence as to the charged facts of this case.
Therefore, I first examine the credibility of each statement in the investigative agency of the victim and the court of the court below, and also examine the arguments of the defendant and the defendant's defense counsel.
(a) a minor.