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Defendant
In addition, both appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) did not have any misunderstanding of the victims’ sexual intercourse.
Nevertheless, the lower court found the Defendant guilty of all the charges of this case by reliance on the statements of the victims and witnesses without credibility.
2) The sentence of the lower court’s improper sentencing is too unreasonable.
B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court held that the Defendant’s indecent act against the victims can be acknowledged.
The decision was determined.
(1) The victims’ statements are consistent and concrete from an investigative agency to the original trial court, as stated in its reasoning.
(2) A consistent witness F and I make a statement that conforms to the victim’s above statements in place.
Although victims and witnesses have a friendly relationship as a workplace bonus, and there are some contents that are inconsistent with each other in their statements, it is difficult to dismiss all the credibility of the statements made by victims and witnesses who correspond to the facts charged.
(3) There is no special reason to deem that there is no victim or witness to have made a false statement and there is no other reason to believe that there is no other victim or witness to have a statement unfavorable to the defendant.
B) In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court below held that the contents of the statements are consistent with the rationality, logical contradiction, or rule of experience, or conforms to the evidence or third party's statements, as well as the appearance and attitude of the witness, and the penance of the statements made by the public in the open court after being sworn in the presence of a judge.