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Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant and the person who requested the attachment order and the person to whom the attachment order was requested (hereinafter the Defendant) committed an indecent act against the victim by force, the lower court found the Defendant guilty of this part of the facts charged. The lower court erred by misapprehending the legal doctrine.
B. Comprehensively taking account of the evidence submitted by the prosecutor, including the prosecutor 1), the facts that the defendant committed an indecent act against D against a minor under the age of 13 by force on five occasions from December 23, 2009 to December 2, 201. However, the court below acquitted the defendant of this part of the charges, which is erroneous in the misapprehension of facts and in the misapprehension of legal principles.
2) Improper sentencing of the lower court is deemed unreasonable.
2. Determination
A. Part 1 of the case on the defendant's assertion of mistake as to the defendant's facts, and the evidence duly adopted and investigated by the court below and the trial court. In other words, there are circumstances such as ① the year in which an indecent act was committed in the course of investigation and the reason why the victim visited the house of the defendant at the time of the indecent act and all the acts that were committed before the indecent act; ② the situation at the time of the indecent act by the defendant was committed by the victim; ② the process leading up to the indecent act by the defendant; the contents and degree of indecent act; response and perception of the victim; ② sending the victim's mother a written message to the effect that the defendant misleads the victim's wrong; ③ the defendant's appearance of the case was made without the victim; and ③ the circumstances where the defendant would be subject to criminal punishment by creating the case.
In light of the fact that it is difficult to see that the defendant committed an indecent act by force against the victimized person as stated in the judgment of the court below, and each statement of witness G, K, M, and F of the court below is difficult to believe or that it alone does not interfere with the recognition of the above crime.