아동ㆍ청소년의성보호에관한법률위반(강간)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Sexual assault, 40 hours against the defendant.
1. In light of the victim’s statement and on-site CCTV images, etc., the court below rejected the admissibility and reliability of the evidence without reasonable grounds, and rendered a not-guilty verdict on the facts charged of this case by misunderstanding the facts, thereby affecting the conclusion of the judgment.
2. The lower court determined that the evidence, such as the statement of the victim prepared by the investigative agency, was inadmissible as evidence when the victim was not present at the lower court’s trial. According to the remaining evidence, the lower court acknowledged that the Defendant entered the database with the victim around November 3, 2018, on or around 02:00 on November 3, 2018, the Defendant had sexual intercourse with the victim at the time, on the sole basis of the admissible evidence among the evidence submitted by the prosecutor.
It is not sufficient to recognize that the victim committed assault and threat to such an extent as to make it impossible to resist or make it difficult to resist, and on the grounds that there is no other evidence to acknowledge it, the charge of this case was acquitted.
3. Judgment of the court below
A. First of all, the determination on the admissibility of the victim’s statements recorded in the video CDs is as to whether each victim’s statements recorded in the video CDs (the first video CDs and the second video CDs are admissible in each victim’s statement Nos. 10 and 30; hereinafter referred to as “the second video CDs”) are admissible.
1) According to Article 26 of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”), the statement details and investigation process of a victim of a sex offense against a child or juvenile shall be recorded and preserved with a video recording device, such as a video recording device (Paragraph 1). The video recording therefrom is the whole and objective circumstance from the commencement to the completion of the investigation.