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The judgment below
Part concerning the second crime in the judgment shall be reversed.
One year of imprisonment with prison labor for a crime of No. 2 of the judgment of the defendant.
Reasons
1. Summary of grounds for appeal;
A. Fact-misunderstanding (as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct against Persons with Disabilities)), although the defendant visited the victim H's residence, there is no indecent act against the victim H as stated in this part of the facts charged.
Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.
B. The punishment sentenced by the court below against the defendant (the crime Nos. 1 and 3 of the judgment: imprisonment with prison labor for 1 year and 6 months, 2 years of suspended sentence, etc.) is too unreasonable.
2. Determination
A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of the relevant legal doctrine: (a) as well as whether the content of the statement itself conforms to the rationality, logical and logical inconsistency, or empirical rule, or conforms to the witness’s statement or third party’s testimony; (b) as well as whether the witness’s appearance, attitude, and appearance of the witness who is entering the witness’s statement in the open court after taking an oath before a judge and taking into account all the circumstances that are difficult to record; and (c) if the witness’s statement, including the victim, is consistent and consistent with the facts charged, the court of the relevant legal doctrine should not reject the determination without permission, unless there are any other reliable materials that can be objectively deemed to lack credibility, in light of the principle of examination of evidence of the first instance court and the principle of examination of evidence of the first instance court (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2015Do15).
The result of the first deliberation and the appellate court shall be the special circumstances or the results of the examination.