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(영문) 광주고등법원 2014.10.30 2014노228

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In full view of the evidence submitted, even if the defendant could have found that he committed an indecent act against the victim G who is a child under the age of 13, the judgment of the court below which acquitted the defendant, is unfair since it mismisunderstanding the facts.

Judgment

The summary of the facts charged in the instant case is as follows: (a) the Defendant: (b) between April 2010 and May 2010, the Defendant stopped the victim G (V) to the house of the victim in the south-west I; (c) stopped a bus near the above house of the Do that he left the Do; and (d) called the victim as the chief knee; (d) knee knee knee kne kel kel knife knife knife knife the victim; and (e) knife the victim’s knife knife knife knife the victim’s knife knife knif at the victim’s motherK in the south-west-west area around the above restaurant; and (e) stopped the victim’s knife knife.

Accordingly, the defendant committed each indecent act by force against the victim under the age of 13.

The lower court determined that it is difficult to recognize the credibility of the victim’s statement in full view of all the following circumstances acknowledged by each evidence duly admitted and investigated, and that the remainder of the evidence alone is insufficient to deem the facts charged as having been proven.

In the statement of the victim's one-time police statement, the victim made a statement immediately and specifically after the investigator's inquiry about how to commit the crime, how to commit the crime and how to commit the crime, how to look at the method of indecent act B, and how to see the victim's perception at the time of the investigation of the investigator.

The injured party is different from when the injured party makes a statement on B.