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(영문) 대전고등법원 (청주) 2019.06.20 2018노125

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (person in fact) committed an indecent act, such as rhyming and routing the victim’s head, and rhyming the victim’s head, without using the victim’s rhym, and the victim’s statement that conforms to the facts charged is not reliable.

Nevertheless, the lower court erred by misapprehending the fact that the lower court deemed that the victim’s statement could be trusted and recognized that the Defendant committed an indecent act like the facts charged, thereby adversely affecting the conclusion of the judgment.

B. The prosecutor (e.g., a fine of KRW 20 million, a provisional payment order, and a 40-hour program) of the lower court is deemed to be too uneasible and unfair.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of mistake of facts was the same in the judgment of the lower court. Based on the evidence duly admitted and investigated, the lower court determined that, following the victim’s statement with credibility, the Defendant committed an indecent act on the part of the victim, such as: (a) knee and knee in the victim’s arms; (b) hume and kne in the victim’s knee; and (c) humf in the victim’s kne and kne; and (d)

In light of the records, a thorough examination of various circumstances admitted by the court below in light of the records, and further examination of various circumstances recognized by the appellate court, the above judgment of the court below is just and acceptable, and thus, the defendant's assertion of mistake of facts is not accepted.

(1) A police officer, who has conducted an investigation into a victim by the police, provided an explanation of the basic rules, such as the truth, and provided an explanation of such basic rules, followed by more specific and direct questions from open questions to confirm the facts of damage, etc. from the victim. An open question only leads the victim to a statement of the victim by using words from the victim's entry through open questions.