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(영문) 서울고등법원 2014.04.04 2013노3936

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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The prosecutor's appeal is dismissed.

Reasons

1. In light of the statement in F’s investigative agency on the summary of the grounds for appeal and the Defendant’s criminal records after committing the crime, the lower court found the Defendant not guilty on the ground that the lower court erred by misapprehending the facts.

2. Determination

A. In light of the fact that F made a statement in the police, specifically describing the Defendant’s behavior, and stated his behavior in detail, and that F was able to escape her mother from her will to her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her

B. However, as regards whether F’s statement has probative value that could lead a judge to have a conviction that the facts charged are true beyond a reasonable doubt, it is deemed that such probative value is insufficient as follows.

1) The Defendant made a statement at an investigative agency to the effect that “I am in the aftermath of the fruit, I am in the future, I am in the future, and I am am dyth of F and South dynamics.” However, the Defendant stated that “I am in the presence of F’s grandparents, while I am in the presence of F’s grandparents, F’s hair was introduced, and that the situation at the time was somewhat string and colored (E continues to dynasium as to whether I am dykes or not, and that I am in the aftermath of the dynasium, I am in the aftermath of the dynasium.”

The evidence record 67 pages), there is sufficient room for a person to act as stated above in the above statement for the purpose of boosting the friendly relationship with the F, etc. who can be the future kynasium, or to act in the same manner as stated in the above statement. 2) As pointed out by the court below, the crime under paragraph (1) of the facts charged.