아동ㆍ청소년의성보호에관한법률위반(강간등)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine, which did not err in misapprehending the legal doctrine or failing to exhaust all necessary deliberations, even though the Defendant was only sexual intercourse under the agreement with the victim, and did not rape the victim by force.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. Determination of misunderstanding of facts and misapprehension of legal principles 1) Defendant and defense counsel asserted that the victim’s statement is not specific and not consistent with the victim’s age, and there are doubtful parts, such as the reversal of the victim’s statement, and that the victim’s statement was given a long term of negoriic spirit and treatment, and the victim was faced with difficulties in controlling impulse appraisal, etc., so the victim’s statement cannot be trusted. 2) In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the trial court, and the form and attitude of the victim’s statement at the victim’s trial, the victim’s statement that the victim had sexual intercourse over twice by force can be believed.
① The victim, from the investigative agency to the trial of the party, was able to kis from the Defendant. The Defendant was kissck and kisced against the Defendant. The Defendant refused to do so, even though she did not refuse to do so, she was fright, and was imprisoned, and the Defendant was imprisoned so that he could not get out of his arms, and could not get out of his arms, and was rape.” The victim made a concrete and consistent statement of the damage from the content of the instant case.
② After the second sex relationship, the victim reported the Defendant to 112 that he was sexual assaulted to the Defendant in the state of escape. According to the sound recording of the 112 Report, the victim stated that he was sexual assaulted, and that he was flick, and that he was flick, and that he was flick, and that he was flick.”