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(영문) 서울고등법원 2020.05.07 2018노3005
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Sexual assault, 40 hours against the defendant.

Reasons

The judgment of the court below which acquitted the victim G (hereinafter referred to as "victim" in this paragraph) from among the facts charged in this case, on the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Act on the Protection of Children and Juveniles against Sexual Abuse, is erroneous in the misapprehension of facts, notwithstanding the following facts:

The victim has credibility in making consistent and detailed statements concerning each of the crimes in the course of investigation to the original trial.

At the time of the instant case, the Defendant and the person to whom the attachment order was requested (hereinafter referred to as the “Defendant”) were adults of the 40 middle group, and the victim was the age of the 13 years of age and the 15 years of age at the time of committing the crime in 2016, and the 15 years of age at the time of committing the crime in 2018. Considering that each of the instant crimes was committed in a vehicle or a door room where the two victims were isolated inside the vehicle or door room, it can be sufficiently recognized that the Defendant exercised force against the victim even if there was disability, such as paralysis, etc. by the Defendant.

Although the lower court deemed that the victim’s statement was inconsistent with the victim’s statement regarding the place of crime in 2016, the lower court cannot be deemed to have rejected the credibility of the victim’s statement due to the victim’s statement on the place of crime not directly related to the sexual intercourse, insofar as the victim consistently stated

The lower court determined that it is difficult to recognize that the victim was out of the Republic of Korea by force due to the fact that: (a) the victim was committing the crime in 2016, even though the victim was committed in 2018; (b) the victim was forced to find the Defendant again in 2018; and (c) the victim was forced to commit indecent act by force while being forced to commit the crime

However, after the victim was committed in 2016, the victim's family members suffered sexual assault by receiving a paper text message from the defendant.

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