성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In determining facts, the Defendant: (a) made the victim's chest and her chest the victim's finger; and (b) took the victim's finger around the victim's sexual organ into his/her hands, but there is no fact that he/she puts the victim's finger into the victim's sexual organ.
The victim's statement shall not be credibility, such as there is a possibility that the victim's statement may be false in detailed contents, or there is a possibility that the victim's statement may be confused with the previous damage.
Only the concept of rape and indecent act is known, and the defendant, who was not in law, was punished for rape, and was solicited by police officers to put the fingers into sexual intercourse. This attitude of statement was sent to the prosecution, and denied it from the first instance trial.
B. The sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. 1) As to the assertion of mistake of facts, the Defendant alleged to the same effect as the grounds for appeal in this part of this part. The lower court rejected the Defendant’s assertion on the ground that, in full view of the circumstances acknowledged by each evidence of the lower judgment in the part on “2. Determination of the Defendant’s and the defense counsel’s assertion” of the lower judgment, the Defendant was able to gather left fingers into the victim’s quality and have the victim’s sexual organ and sufficiently recognize the dance. 2) If the lower court’s judgment and the lower court’s judgment were to be duly adopted and the evidence duly investigated by the lower court and further recognize the following circumstances based on the evidence, the lower court’s aforementioned determination is justifiable, and there is no error of misapprehending the facts and adversely affecting the conclusion of the judgment.
Therefore, this part of the defendant's argument is without merit. The victim's credibility of the victim's statement is a sexual assault victim at the Southern Seaba Center on May 26, 2016, which is the day of the instant case.