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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2017.11.16 2017노342
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, the Defendant did not commit an indecent act by force against a victim of kinship (the third-year-old relationship) on the same grounds as the facts charged in the instant case.

The statements of the victim's investigative agency, which are the main evidence corresponding to the above facts charged, are as follows: (i) the victim's statement is a child of three years of age who has yet to express his/her intent; (ii) the victim's statement was made after three months or more from the time of the damage; (iii) the victim's victim's statement was not made after his/her guardian, etc.; (iv) the victim's memory cannot be ruled out or distorted; and (v) the victim's memory cannot be affected or distorted by his/her guardian, etc.; (iv) the victim made an interview with the investigator to induce the victim to state specific facts of damage during three times at the investigative agency; (v) there are repeated inquiries as shown in the victim's statement; (v) there is no description of the characteristic part of the victim's statement and no information of a standardized case or more except for a simple fact; and (v) there is no details of treatment for the victim's forced indecent act.

In addition, each statement made by the J, the parent of the victim, M, N, and the mother of the victim, who took part in the fact of damage, is hard to recognize the credibility of the statements given that there are circumstances to suspect the credibility of the statements, such as M and N, under suspicion of child abuse, etc., the court is ordered to prohibit access to the victim.

Nevertheless, the court below held the injured party's status.

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