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(영문) 광주고등법원(제주) 2020.10.28 2020노47

성폭력범죄의처벌등에관한특례법위반(장애인강제추행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Sexual assault, 40 hours against the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Sexual Crimes Punishment Act”).

Article 30(1) and (6) of the Criminal Procedure Act provides that “A victim’s statement recorded in a video recording shall be admitted as evidence when it is acknowledged to be genuine by the victim, a person in a fiduciary relationship who was present in the investigative process, or an intermediary on the day of preparatory hearing or court date.” The victim’s statement recorded in the CD storage of a statement recording file shall not be admissible as evidence, inasmuch as there is no evidence that the establishment is authentic by the statement of M or intermediary, who is a person in a fiduciary relationship with the victim who was present in the investigative process, during the investigative process, during the preparatory hearing or court date. Also, the victim’s statement recorded in the CD storage of a statement recording file, which was the birth of the victim, was not consented by the court below, and since G did not recognize the authenticity of its establishment with the statement at the court below, the court below’s determination that admitted admissibility of each victim’s statement by the victim and G is unlawful. However, since the part of the court below’s statement made in the F testimony made by the police officer at the court below’s hearing, the defendant’s right to refuse to admit evidence.

Nevertheless, the lower court’s determination that recognized the admissibility of the part of F’s statement to the effect that the Defendant made in the court’s confession is unlawful.

In the statement of reasons for appeal, the investigation report and internal investigation report of F.