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(영문) 광주고등법원 2017.06.15 2016노516

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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The defendant's appeal is dismissed.

Reasons

1. Judgment on the Defendant’s assertion of mistake of facts

A. The victims suffered indecent conduct;

In light of the structure of the joint seal, office, etc., it is impossible to commit an indecent act against the victims at the time and place of damage claimed by the victims.

However, the court below found the victims guilty of all facts charged on the basis of the consistent statements.

B. The Defendant also asserted the same purport in the lower court, and the lower court deemed that the victims have made a statement consistent with the facts charged in the item “a judgment on the assertion of the Defendant and the defense counsel,” and that the victims’ statement on the background of the damage was based on a specific memory. In addition to I and J’s legal statement, the victims’ statement is sufficiently reliable.

After the judgment, the defendant's argument is rejected and the facts charged are convicted.

Examining the reasoning of the judgment below in comparison with the evidence duly admitted and examined by the court below, the judgment of the court below is just and there is a violation of law by mistake of facts alleged by the defendant.

The testimony of a witness AF and Q in this court shall not interfere with such judgment.

The defendant's assertion in this part is not accepted.

2. Judgment on the misapprehension of the legal principle of the defendant

A. With respect to compulsory indecent act against the victim D (the named name), recognizing stenographic records and statement recorded CDs as evidence without guaranteeing the cross-examination right is in violation of Article 312(4) of the Criminal Procedure Act.

B. The Defendant, at the lower court, may use the pertinent stenographic records and a statement-recording CD as evidence.

The consent was given and the consent was not withdrawn before the examination of evidence was completed.

In addition, the victim was in the same manner as the victim made a statement.

L is present as a witness in the court of the court below.