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서울고등법원 2015.09.25 2015노2179
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

Defendant

In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (a factual error) and the person against whom the attachment order was requested (hereinafter “Defendant”) committed an indecent act by force against the victim.

Nevertheless, the lower court convicted the Defendant by relianceing on the statements made in the investigative agency of the victim without credibility and witness testimony.

B. Prosecutor 1) The lower court’s dismissal of the Defendant’s request for the attachment order of this case is unreasonable, even if it is found that the Defendant’s dismissal of the request for the attachment order of this case is unjust.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as this part of the grounds for appeal, and in light of the circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the Defendant committed an indecent act against the victim on two occasions, as shown in the facts of the lower judgment, based on the victim’s investigative agency’s testimony and witness E, deeming that the victim’s testimony and witness E in an investigative agency is reliable, and following the victim’s testimony and witness E’s testimony in an investigative agency,

In light of the circumstances acknowledged by the court below and the following circumstances acknowledged by the court below based on each evidence duly admitted and investigated by the court below, the above fact-finding and judgment of the court below are just, and there is no error of law as alleged by the defendant.

This part of the defendant's assertion is without merit.

(1) The lower court determined that the witness E’s statement is credibility after directly reporting and observing the appearance and attitude of the witness to make a statement at the time when the witness was examined as a witness E, consistency of the statement, degree consistent with the victim’s investigative agency’s statement, etc.

The evidence duly adopted and examined by the court below and the trial court.

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