성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant did not commit an indecent act against the victim, such as the instant facts charged.
Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court (three years of imprisonment and 80 hours of order to complete sexual assault treatment programs) is too unreasonable.
2. Determination
A. The victim’s statement at the investigative agency and court of the court below is the only evidence of the victim’s direct evidence of the crime of forceful indecent act as stated in the facts charged of this case. In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court of the court below, the credibility of the victim’s statement can be fully acknowledged.
Comprehensively taking account of the following facts and circumstances with the statement of the victim, the defendant can sufficiently recognize the fact that the defendant committed indecent act by force as stated in the instant facts charged, so the defendant's assertion of mistake of facts is without merit.
1) Examining the details of the instant report, the victim mentioned the fact that he was forced to commit indecent acts by force from the Defendant, a senior son, and the Defendant, a senior son, and the Defendant, a senior son, and the victim was forced to report by her friendship, and there is no doubtful circumstance in the circumstance. 2) The victim’s friendship G was the victim’s sexual intercourse from the Defendant and B before filing the instant report, and the court below stated that the victim was forced to commit indecent acts by force.
3 With respect to each indecent act by compulsion of this case, in the case of paragraph (1) of the judgment below, B commits an indecent act against the victim.
B. On the other hand, a statement was made by memorying that it was the first crime of the defendant, and the case of paragraph 2 of the decision of the court below covers tribes.