Facts
The appellant [A.] was convicted by the High Court of the Canton of Zurich for multiple sexual acts with a child, robbery and disobedience to official orders. The conviction is based on the statements of the respondent 2, who stated that the appellant had sexually abused her over a longer period. The appellant denies the allegations and claims that the lower court violated the principle of investigation and arbitrarily established the facts.
The lower court had sentenced the appellant to a prison term of 24 months, an unconditional fine of 30 daily rates and a fine of CHF 500.--. The appellant had appealed against the conviction for sexual acts with a child, robbery and disobedience to official orders and requested that he be acquitted of these charges.
Considerations
1. Admissibility of the appeal
The appeal is admissible, as the appellant is entitled to appeal and the appeal period has been observed.
2. Conviction for sexual acts with a child
The lower court convicted the appellant of sexual acts with a child, as the statements of the respondent 2 were considered credible. The appellant claims that the lower court violated the principle of investigation by not taking all relevant evidence. However, the Federal Court has found that the lower court sufficiently clarified the facts and that the evidence taken is sufficient to justify the conviction.
3. Conviction for robbery
The lower court also convicted the appellant of robbery, as he took the iPhone 6s plus from the respondent 2 using violence. The appellant claims that he did not take the iPhone 6s plus using violence, but that it belonged to him. However, the Federal Court has found that the lower court sufficiently clarified the facts and that the evidence taken is sufficient to justify the conviction.
4. Conviction for disobedience to official orders
The lower court also convicted the appellant of disobedience to official orders,…