성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The defendant of mistake of facts is merely a fact that has caused the victims to feel, and there was no intention to commit an indecent act or indecent act against the victims.
Nevertheless, the court below found the defendant guilty of the facts charged in this case based on only on the statements of the victims with no credibility, and there is an error of law by misunderstanding facts and affecting the conclusion of judgment.
B. The lower court’s sentencing (three years of imprisonment) is too unreasonable.
2. Determination
A. The defendant in the judgment of the court below made the same assertion as the grounds for appeal as to the assertion of mistake of facts in this case, and the court below rejected the above assertion on the grounds as stated in its reasoning. Considering the reasoning of the judgment below compared with the records, the judgment of the court below is just and it cannot be said that there is an error of law that affected the
According to the evidence adopted and investigated by the court below, each statement in the investigative agency and court of the court below is consistent to not only the damage situation but also the surrounding circumstances, and there is any interaction with the defendant at the time, especially the fact that the defendant had a euthanasia, but in the process, it is necessary to see that the defendant's hand is blickly, and the response of the victims and the response of the defendant are separated and specifically stated, and its credibility is recognized.
On the other hand, although the statement of the defendant is consistent in that he was aware of the victims, it is difficult to give credibility to the question whether the victims have taken reaction when he was informed of the victims (the 45 pages of investigation record).
Therefore, the defendant's assertion of mistake is without merit.
B. Determination on the assertion of unfair sentencing