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The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of 5,000,000 won.
Defendant .
Reasons
1. Summary of grounds for appeal;
A. As to the crime described in paragraph (1) of Article 1 of the Criminal facts stated in the judgment of the court below, it is impossible to contact the victim's sexual organ directly below the part above the part of the victim's bodily structure considering the height of the victim Eul and the physical structure of the defendant's sexual organ.
Even if based on the statement of the victim, the possibility of misunderstanding the defendant's labels or lines contacted with his body can not be ruled out.
B) With respect to the crime as stated in Paragraph 1-b of the crime of the lower judgment, the Defendant was aware of the victim E in the corridor meaning of encouragement and name, and the victim was naturally aware of each other in response thereto at the time. Therefore, the Defendant cannot be found to have committed an indecent act on the part of the Defendant. 2) The penalty of the lower court sentenced by unreasonable sentencing (the fine of KRW 15 million, etc.) is too unreasonable.
B. The victim F’s statement recorded in the video CD (Evidence 54 No. 54) containing the police investigation process was contaminated by inducing the father of the victim who was present in the police investigation process to make a statement and frequently intervene in the investigation process. Since the victim’s statement recorded in the video CD (Evidence 104 No. 104) containing the prosecutor’s investigation process was based on the contaminated statement, each of the above video CD was written in violation of lawful procedures, and thus, it is not admissible. Even if the admissibility of each video CD is recognized, the victim’s statement contained therein is not reliable. Accordingly, the court below found the Defendant guilty of this part of the charges on the grounds of the victim’s statement. 2) Even if it is acknowledged that the Defendant’s buckbucks of the victim were involved in it once as the facts charged in this part, the physical health and development of the child is harmed.