성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강간)등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) found the Defendant guilty of all the facts charged of this case by the statements of the victim with no credibility, etc. although the Defendant did not have sexual intercourse with the victim, the lower court erred by misapprehending the legal principles or misapprehending the legal principles.
2. Determination
A. In determining the credibility of a statement made by a sexual crime victim victim's investigative agency as evidence, considering the fact that the child's age is strong in the case of the child, and that there is a possibility that the child's appearance and reality are confused or the source of memory can not be properly perceived, the child's age should be examined; how the above statement was made after the lapse of the time of the occurrence of the case; how the guardian or investigator who heard the damage to the child in the course of the first time from the occurrence of the case to the occurrence of the above statement; whether there is room to bring about a change in the child memory by providing the child with a simple prejudice or inducing a specific answer through repeated newspapers, etc.; whether the above statement was repeated not affected by the questioner's statement at the time of the above statement; whether the child's statement was affected by the interviewer; whether the child's statement was made without any influence in the court; and what statement was made in the content of the above case should also be examined; whether the above statement contains consistency in the contents of the statement in the prosecutor's office or its contents.