아동ㆍ청소년의성보호에관한법률위반(강간등)등
The judgment below
The appeal filed by both the defendant and the prosecutor on the part of the defendant case shall be dismissed.
The judgment below
(2).
1. Summary of grounds for appeal;
A. Prosecutor’s ground of appeal 1) The lower court’s assertion of unreasonable sentencing (the Defendant’s case part) is the Defendant and the respondent for an attachment order (hereinafter “Defendant”).
(2) The lower court, despite the risk of recidivism, dismissed the Defendant’s request for an attachment order, on the following grounds: (a) the sentence imposed upon him/her (one year of imprisonment, 80 hours of imprisonment, 7 hours of order to complete a sexual assault treatment program; and (b) the disclosure order and notification order) is unreasonable.
B. The grounds for appeal by the Defendant (the part concerning the Defendant’s case) 1 did not have sexual intercourse with, or indecent act against, the victim. 2) The sentence imposed by the lower court on the Defendant on the ground of unreasonable sentencing is unreasonable.
2. Determination
A. The lower court’s judgment on the Defendant’s assertion of misunderstanding of facts (the part concerning the Defendant’s case) 1 is consistent and specific with the following circumstances acknowledged by the evidence of the judgment, namely, ① the victim’s speech and behavior at the time of the crime from the investigative agency to this court, ② the victim’s response to the victim’s speech and behavior before and after the crime, the victim’s emotional distressed at the time of the crime, the circumstances leading up to specifying the date and time of each crime, and the developments leading up to the reported crime, etc., so it is difficult to deem the victim’s statement to be false. The victim’s attitude to participate in the statement in the investigative agency and this court was also advanced, and ② there is no circumstance to deem the victim and the mother of the victim to be unsatisfy the Defendant; ③ around September 2009, the victim told himself/herself that he/she was sexually victimized by the Defendant; and ④ around September 201, the reason for the Defendant to be found guilty of all the charges in this case.