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(영문) 서울고등법원 2014.07.10 2014노1001

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case by believing only the statements of the victims who did not have credibility despite the fact that the defendant committed an indecent act against the victims and their relatives C, was erroneous in the misconception of facts.

B. The sentence imposed by the lower court (two years and six months of imprisonment) on the assertion of unfair sentencing is too unreasonable.

2. Determination

A. In the lower court’s determination of the Defendant’s assertion of mistake of facts, the Defendant alleged the same purport as the grounds for appeal in this part, and the lower court’s determination on the Defendant’s assertion is 2-C

2) (B) In light of the circumstances indicated in its reasoning, which are acknowledged by the evidence duly admitted and investigated by the lower court, the lower court found the Defendant guilty of the instant facts charged by deeming that the testimony of the victims, who correspond to the facts charged, was reliable.

The above judgment of the court below is justified after a thorough comparison with the records, and the victims, especially the victims, stated to the effect that "in the event of the defendant's physical body, the defendant thought that it was the difficult for him to continue such behavior despite his age," which is naturally stated the process of changing the victim's awareness and evaluation as to the defendant's behavior. It seems that the defendant has made a high credibility, besides the crime of this case, the victims have committed the crime of this case, sexually improper speech and behavior against the victims. It seems that the victims were committed in the situation with the defendant's father/child, and there was an opportunity to specially memory the crime of this case. The victims have been suffering from damage to the plaintiff's body during that period, but the victims have been aware of the fact that the defendant was hedging with the defendant.