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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The victim of the misunderstanding of facts was a victim of each crime under the judgment of the court below in the court below.
All statements made by an investigative agency are false, and the facts are not true that they had been committed by the Defendant. Although the victim’s investigative agency made a false statement, the court below found the victim’s investigative agency to be guilty of all the facts charged of this case on the basis of the victim’s statement in the investigative agency. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.
B. The punishment sentenced by the lower court against the Defendant (six years of imprisonment) is too unreasonable.
2. Judgment on the assertion of mistake of facts
(a) A minor victim was subject to a sex offense, such as rape or forced indecent conduct, from a relative in the position of protecting and supervising himself/herself;
In determining the credibility of a statement when a statement is made, the victim, even though he/she was aware of the absence of physical evidence or direct witness in addition to his/her own statement, has revealed the fact of personal injury at the risk of criminal punishment of relatives, and the motive or reason to make such a statement is not clearly revealed, and the contents of his/her statement are factual, specific, consistent, and are not inconsistent in light of the empirical rule, and there are no parts inconsistent or inconsistent in the statement in light of the empirical rule, there is a part in which the content of the statement appears to be somewhat ambiguous or inconsistent due to the difference in the expression.
Even if there are no special reasons, the credibility of the statement should not be rejected without permission (see, e.g., Supreme Court Decisions 2006Do3830, Oct. 26, 2006; 2010Do11943, Nov. 25, 2010). In addition, the contents of the first instance judgment and the first instance judgment.