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(영문) 서울고등법원 2017.10.27 2017노2525
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) victim D, E, and F are children of 6 to 8 years at the time of each of the instant crimes, and there are some deficiencies in the statement.

For this reason, the credibility of each statement of the victims cannot be easily rejected, and the statement analysis expert who analyzed the statements of the victims presented opinions that they are reliable in each statement of the victims.

Nevertheless, the judgment of the court below which acquitted all of the facts charged of this case is erroneous by misapprehending the legal principles.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that each of the instant facts charged was proven to the extent that there is no reasonable doubt on the part of the victims.

The lower court acquitted all of the facts charged of this case on the ground that it is insufficient to view it.

1) Each of the facts charged against the victim D and E: (a) more than one year after the occurrence of the instant case; (b) the mother of the said victims (“victim D and E”); and (c) I, the mother of the said victims, gave her child to her children in the apartment playground, go to the guard room; and (d) I am knee with a specific part of her body or knee with her knee by making her seling her sel, making her sel, and her seling her sel; and (d) she first asked the said victims whether her sel was working, then the said victims did not avoid damage first to her parents.

② However, the victim D and E’s mother, the F’s mother, is different from the content of the damage that F speaks H, while the victim’s damage stated by the said victims is accurately consistent with the content of the damage.

In addition, the above victims' specific situations at the time of the occurrence of the instant case in addition to the above contents.

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