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(영문) 대전고등법원 2014.11.28 2014노430
아동ㆍ청소년의성보호에관한법률위반(준강간등)
Text

Defendant

In addition, both the person subject to the attachment order and the person subject to the probation order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for the attachment order and the respondent for the probation order (hereinafter “Defendant”)’s statements by the victims and witnesses of this case, other than the part related to the facts charged of this case, are not memorys or are inconsistent, and it is difficult to believe that they are inconsistent and inconsistent.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous in the misapprehension of legal principles and misconception of legal principles.

Dob. The sentencing of the lower court (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. The lower court’s sentencing is too unjustifiable.

2. Determination of the grounds for appeal concerning the accused case

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court acknowledged the credibility of each of the witness’s statements in full view of the following circumstances acknowledged by the evidence adopted by the lower court, and determined that the Defendant had committed indecent act by force against the victims.

① Although the statements of the witness C, D, E, F, and G are either not memory of a part of the case, or are inconsistent or inconsistent with other statements in certain circumstances of the case, this is rather natural in light of the fact that the victim’s daily activities have come to a number of times and time, the witness’s age, and the degree of victims’ drinking at the time of the instant case.

② Although the above witness’s statement expressed the victim C, E, etc.’s intent to refuse several times, the victim C and G, and E’s respective legal and police statements are consistent, specific, and consistent with other statements in relation to the fact that the victim C’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

(3)

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