성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault, 40 hours against the defendant.
1. Summary of grounds for appeal;
A. The court below found the defendant guilty of the facts charged in this case although there was no misunderstanding of facts that the defendant had raped the victim. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment
B. The sentence imposed by the lower court (five years of imprisonment, etc.) is too unreasonable.
2. Determination
A. In light of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court as to the assertion of mistake of facts, the Defendant and the defense counsel’s allegation is not acceptable, as it is sufficiently recognized that the Defendant committed rape on the date and time stated in the facts constituting the crime, notwithstanding the victim’s statement in the court room
1) As to the credibility of the victim's statement at the investigative agency and the court below's testimony, the victim made a very concrete statement at the police about the contents of the crime of this case and the situation at the time of the crime. On April 10, 2014, the victim made a statement about the fact that he was sexually victimized by the victim during counseling with the counseling teacher at the middle school attending the middle school, and the victim used the word "sexual indecent act" for the large amount of I and H, but made a statement about the crime of this case to the effect that "I was able to take advantage of the word "I are being sexually ill, I were sexually ill, I were sexually ill, and I were sexually abused even at the time when I was broken, and even at the time when I was sexually abused, I did not speak about whether I would suffer damage to I were sexually ill, and that I were sexually sexually ill, I stated about the situation of the crime of this case and the situation of this case to the effect that I did not see that I were sexually sexually ill.
A. At the time, the victim also reaches the first grade of an elementary school.