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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") did not commit an indecent act or rape against the victim, and requested the victim F to help him clarify that the victim's statement is false, but did not instruct or request the F or the victim to give a perjury, the judgment of the court below which convicted him/her has an error of law that affected the conclusion of the judgment by misunderstanding of facts.
B. Even if the charge of this case is acknowledged even if the defendant alleged unfair sentencing, the sentence imposed by the court below against the defendant (one hundred years of imprisonment, etc.) is too unreasonable.
2. Determination
A. 1) The degree of the formation of the conviction for the Defendant to be found guilty in the criminal trial is to the extent that there is no reasonable doubt, but to the extent that it excludes all possible doubts. The term “reasonable doubt” refers to a reasonable doubt as to the probability of a fact that is inconsistent with the facts that is inconsistent with the facts that are in accordance with the logical and empirical rule, rather than including any question and correspondence, and thus, cannot be said to be included in a reasonable doubt.
(See Supreme Court Decisions 2004Do2221 Decided June 25, 2004; 2004Do362 Decided April 15, 2005; 2010Do12728 Decided January 27, 201, etc.). In addition, in determining the credibility of a child’s statement claiming a sexual indecent act, considering the circumstances leading up to the first statement of the damage inflicted by the child, it is necessary to examine whether the child was made a statement of the damage under the presumption of his/her guardian, etc., or whether the child was notified of the damage voluntarily and voluntarily, and the questioner who first heard the damage inflicted on the child.