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(영문) 서울고등법원 2017.06.13 2016노3520

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

가. 피고인은 피해 아동을 비롯한 아이들과 놀이터에서 놀다가 피해 아동이 허벅지 안쪽의 살갗이 쓸려 아프다고

As a result, it is only rhyd to the victimized child with the victimized child, and the Defendant only rhyd to use the upper part of the victimized child, and there is no fact that the victimized child's sexual organ was skid, and the victimized child was kis on the part of the victimized child, and it was only kis on the part of the victimized child.

B. The statement of the victimized child is: ① in the statement analysis statement by a professional examinerO of the court below, the victim's statement is not sufficient in detail, experience, and confusion between the victimized child's intent and the injured child's assessment (the victimized child's parents) as to the victimized child's act itself, such as the time and method of the victimized child's reproductive organ (the Defendant's act of kising the victimized child, kiscing the victimized child), and attitude at the time of the victimized child's damage, etc.; ② the victimized child's statement is not ruled out that there is a influence on others (the victimized child's parents); ② the investigator's leading question of the victimized child's investigation is located; ② after the mother's report by the victimized child, the victimized child was sent to the victimized child of this case by phoneing the victimized child to the Defendant with

In light of the fact that the mother sent a text message to the effect that “the mother does not believe,” it is difficult to see that the credibility of the victimized child’s statement is recognized, and rather, it is highly likely that the victimized child made a false statement due to her mother’s influence.

Nevertheless, the judgment of the court below that found the defendant guilty by recognizing the credibility of the victimized child's statement.

2. Determination

A. Direct evidence of the facts charged in the instant case is that the statement of the victimized child is flexible, and thus, the credibility of the victimized child’s statement.