Text
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
The summary of the grounds for appeal is as follows: (a) the Defendant and the person claiming an attachment order (hereinafter referred to as “Defendant”) alleged to be erroneous that the Defendant committed an indecent act or sexual intercourse with the victim as described in each of the charges of this case.
The only evidence is the victim's statement, and it is difficult to believe that the victim who was not a elementary school student at the time has made a statement specifically memory of the time after a long time.
The punishment sentenced by the court below to the defendant (12 years of imprisonment) is too unreasonable.
The sentence imposed by the court below against the defendant is too uneasible and unfair.
The court below's order the defendant to attach an electronic tracking device (10 years) on the part of the claim for attachment order is unreasonable.
The period of attachment of an electronic tracking device ordered by the prosecutor to the defendant is too short and unfair.
Judgment
The judgment of the court below on the Defendant’s assertion of mistake of the facts in the part of the case by the Defendant also asserted the same purport as the above grounds for appeal, and the court below rejected the Defendant’s assertion in detail on the 11th and 12th of the judgment. The court below rejected the Defendant’s assertion in its 11th and 12th of the judgment. The following circumstances acknowledged by the evidence duly admitted and investigated by the court below, i.e., ① the victim was the first fifth grade of the elementary school, and the first half of May 2009 was the victim was the first grade of the middle school. The victim was the first grade of the middle school. The victim was 7 years and 8 months before August 2015 or about 6 years and 3 months before the victim made the first statement of damage, but the victim continued to suffered damages until the first grade of the middle school and the content of the damage was shock, making it possible for the Defendant to fully associate with the content of the damage.