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(영문) 부산고등법원 (창원) 2018.01.17 2017노284
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

In full view of the results of the statement analysis conducted by the investigative agency of the gist of the grounds for appeal, the credibility of the statement of the victim may be fully recognized if the victim’s statement is considered to be reliable, in light of the following: (a) the counseling provided by the Seaba Center on March 18, 2013, which was prior to reporting to the investigative agency by the victim; and (b) the counseling provided

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

The summary of the facts charged in the instant case is that the Defendant: (a) was a person who has engaged in bond business in the smuggling and was raising the Victim F (hereinafter “victim F”) with the Defendant’s appearance H, but he was unable to repay the money from time; (b) the Defendant was willing to commit an indecent act by using the fact that, even if the Defendant committed an indecent act against the Victim, the Defendant would not easily resist the Victim or raise any problem.

A. On April 23, 2009, the Defendant demanded to pay the victim with the money borrowed from the house of the victim (the 9 years of age at that time) who was close to Ha on April 15:00, 2009, and H used the gap in which H was locked, the victim was able to pay the victim's knife the victim's knife, and the victim's knife and knife were knife by hand.

B. At around 15:00 on April 30, 200, the Defendant demanded to pay the money borrowed from H at the place described in the foregoing paragraph A, and H used the gap in which H was locked, the Defendant Dac with the victim who was at a small room (as at the time nine years of age) was under the influence of the victim’s breath, while the Defendant was under the influence of the victim’s breath, and her chest and fluor with his hand.

(c)

On July 13, 2010, the Defendant asked on July 13, 2010, at the house of the victim (the age of 11 at that time) who is under the J of Mayang-si, that “I will lend money to the money to the money?” The Defendant was aware that the victim was aware of the defect that “I would lend money.”

At the same time, the victim's breast and fluor were fluored by his/her finger and fluor, and the victim's breast and fluor.

(d)

The Defendant on September 19, 2010

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