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(영문) 서울고등법원 2015.04.10 2014노3909

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following circumstances, the court below rejected the victim's statement even though it is difficult to easily deny the credibility of the victim's statement, and acquitted the facts charged, there is an error of misunderstanding of facts and misunderstanding of legal principles.

1. A statement analysis expert X refers to the secondary contents that assist the victim in understanding the background or context. At the time of the instant case, the victim presented his/her opinion that there is a possibility that he/she could have made a statement as he/she actually experienced, in light of the fact that the victim expressed a subjective appraisal that he/she had experienced at the time of the instant case.

② The victim stated that a person who did not specifically and consistently experience as follows: “I am off from the match ear; I am going to the house”; “I am to the house; I am to the house; I am to the house; I am to the house; I am to the house; I am to the house; and I am to the house.”

③ The victim made a statement “Ne, Neman,” which is required to do so by “Neman,” but in fact, the mother did not only “Ne, Neman,” but also stated the facts of damage in detail, regardless of external intervention.

(4) Even though a person with intellectual disability is an intelligence level, recognition ability, or speech ability, it is difficult to deem that the victim, who belongs to a normal offender, has made a statement by exaggerationing the details of damage, etc. caused by his/her parents’ strong language and leading questions, thereby making a statement or making a false statement as true

⑤ The pre-contribution of the Defendant’s contribution was issued five to ten months after the occurrence of the instant case, and the intention to prepare the above written opinion was determined that the Defendant’s sexual relationship was not entirely impossible.

2. The summary of the charges No. 1 is the victim’s mother, and the Defendant married with G.