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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) did not have credibility or credibility, and the Defendant did not commit assault or intimidation, the lower court convicted the Defendant. In so determining, the lower court erred by misapprehending the legal doctrine or misapprehending the legal doctrine. 2) The lower court’s punishment (five years of imprisonment and 80 hours of order to complete sexual assault treatment programs) is too unreasonable.
B. Prosecutor 1) The lower court’s sentence in the part of the Defendant’s case is too unfasible and unfair, and it is also unreasonable to exempt the Defendant from issuing an order to disclose and notify personal information against the Defendant. 2) It is unreasonable for the lower court to dismiss the Defendant who is at risk of reoffending the application for an attachment order.
2. Determination on the part of the defendant's case
A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of relevant legal principles, as well as whether the content of the statement itself conforms to the rationality, logic, morality, or rule of experience, evidence, or the statement made by a third party, or whether it conforms to the evidence or the statement made by a third party, after being sworn before a judge, shall evaluate the credibility of the statement by taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness being sworn in the open court after being sworn before a judge, and the penance of the statement, etc., and the fact that the witness’s statement made in the witness examination protocol, including the victim, was obtained by directly observing the circumstances that are difficult to record (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 209). In particular, it shall not be rejected without permission unless there is any other reliable evidence that can be objectively viewed from the facts charged to the facts charged (see, 2004Do36262, etc.