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(영문) 서울고등법원 2013.07.11 2013노1574

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) (1) The Defendant alleged a misunderstanding of facts (the point of indecent act by compulsion) is erroneous in the judgment below convicting the Defendant of this part of the charges, since it is difficult to believe the victim’s statement without being recorded in the facts charged.

(2) In light of the Defendant’s age, health status, etc., the lower court’s imprisonment (five years of imprisonment) is too unreasonable.

B. Even if there are some errors in the victim's statement about the time of rape crime by a prosecutor (misunderstanding of facts concerning rape or misapprehension of legal principles), it is consistent with the specific contents of the crime, so it may be found guilty of this part of the charges through the modification of indictment, but there is an error of misconception of facts or misapprehension of legal principles in the judgment below

2. Each indecent act by compulsion of another person in this case by compulsion of another person regarding the Defendant’s assertion of mistake of facts is that each indecent act by compulsion of another person in this case was committed against the victim, and the victim’s statement is sufficient due to direct evidence to find the Defendant guilty.

Ultimately, in the instant case, the issue is whether the victim’s statement is credibility or not, and the lower court found the victim’s statement that corresponds to the facts charged is guilty on the ground that the victim’s statement, consistent with the facts charged, can be believed, in full view of the process of each indecent act by compulsion, the victim’s statement process and contents, the meeting of appraisal request, and the text message given

In addition to the circumstances duly examined and recognized by the court below, the court below's judgment that found the defendant guilty of each indecent act by compulsion based on the victim's statement is just and acceptable.

(1) The results of the CCTV shooting around the crime of indecent act by compulsion on October 8, 2012 are examined as follows: (a) the judgment is based on the reverse order.