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(영문) 부산고등법원 (창원) 2014.07.30 2013노271

아동ㆍ청소년의성보호에관한법률위반(강간등)

Text

The defendant's appeal is dismissed.

Reasons

1. Although the gist of the grounds of appeal did not have a criminal intent or act that could constitute the crime of indecent act by compulsion, the court below erred by misunderstanding the facts charged in this case and affecting the conclusion of the judgment.

2. The Defendant asserted the same purport as the grounds for appeal in the lower court, which was proceeding upon the Defendant’s request for formal trial. The lower court acknowledged the credibility of the victim’s statement under the title “determination on the Defendant’s and his defense counsel’s assertion” and found the Defendant guilty of committing an indecent act as to the facts charged in the instant case.

If the judgment of the court below is made based on the precedents, rules of evidence, and evidence on the criteria for determining the credibility of the statement of a person claiming sexual assault victim, the judgment of the court below shall be justified, and there shall be no errors of law that affected the conclusion

[In relation to the crime described in Paragraph (1) of the original judgment, the victim made a statement to the effect that the victim was in a trial room that he was faced with the victim's view, and that the victim was not in his hands, but that he was not in his hands at the time of making a statement at the police station. On the other hand, the police made a statement to the effect that his memory was well known and that the defendant was faced with the victim's view while he was coming at the police room (the 45 pages of the evidence record). Accordingly, the defendant's assertion is not accepted.

In light of statutory penalty and the reasons for sentencing of the court below, the court below’s sentencing cannot be reversed ex officio.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, Article 25(1) of the Criminal Procedure Act provides that “The part of the victim to Chapter 3 shall be c 17 years of age, n B, and Article 16 shall be recorded in the statement recorded CD.”