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The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
information about the defendant for five years.
Reasons
1. According to all the evidence, such as the statement of the victim with credibility of the grounds for appeal, the judgment of the court of the first instance that acquitted the defendant, despite the fact-finding that the defendant could be found guilty of the facts charged of this case, has errors
2. Determination:
A. The summary of the facts charged in the instant case is as follows: (a) the Defendant, while running a course at D Private Teaching Institutes located in Bupyeong-gu Incheon Metropolitan City around April 14, 2013, was informed of the victim E (e.g., female, 9 years old) of his/her answer; (b) he/she sits the victim knee on one hand; and (c) write a paper on one hand on one hand, write the victim’s knee on one hand; (d) he/she forcibly commits an indecent act by force against a person under 13 years of age since he/she turns out his/her finger part of the victim’s sexual flag; (e) on May 14:43, 2013, he/she was engaged in a course of business at the above place, and was written in lurgical language in front of the classroom; and (e) took the victim’s kneeel, he/she forced him/herself to do so; and (e) took part below the victim’s own finger.
B. The direct evidence of the judgment of the court of first instance concerning the facts charged of this case is the victim's statement. In full view of the following circumstances acknowledged by the records, such as the statement of the court of first instance regarding the statement recording CD, the victim's statement was partially inconsistent and it is difficult to believe that there is no credibility in the statement due to the lack of any evidence to acknowledge the facts charged of this case. Thus, the court of first instance acquitted the victim of the facts charged of this case on the ground that there is no evidence to acknowledge the facts charged of this case.
① As to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes in the mid-term on April 2013 (Indecent Act by compulsion of minors under the age of 13), no fixed space is attached to the entrance door of the classroom in the instant case.