성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the period of three years from the date this judgment became final and conclusive.
1. On July 201 to August 2017, the lower court found the Defendant not guilty on the charges of violation of the Child Uniforms Act (child abuse) due to emotional abuse (child abuse), and found the Defendant guilty on the charges of violation of the Child Uniforms Act (child abuse) due to physical abuse in relation to the crime, only the Defendant appealed with the lower judgment and appealed, and the prosecutor did not appeal on the part of the Defendant. Thus, the part of the Defendant was found not guilty in accordance with the indivisible principle of appeal, and the part of the judgment of the lower court’s judgment was handed down in the trial along with the part of the Defendant’s conviction, but this part was already discharged from the object of the attack and defense between the parties, and it cannot be determined by this court even up to that part (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do1294, Jan. 14, 2010).
2. Summary of reasons for appeal;
A. misunderstanding of facts and legal principles 1) Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by Relatives) and Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act by force by blood) as stated in paragraph (1) of the judgment of the court below are the victims of sexual crimes in the police.
“I do not know in detail” with the abstract statement.
’ 는 취지로 진술하였는데, 원심 법정에서는 ‘ 움켜쥔 것은 아니고 툭 건든 것이었다.
“The statements made by the police were reversed.”
Although the court below did not adopt the victim’s legal statement in light of the background leading to the reversal of the victim’s statement, the court below held that the victim did not make a false statement in the court below’s
Since the victim's statement was not made by the defendant's hearing, such as the statement, the victim's statement in the court below is credibility.