logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.02.06 2014노3167
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the victim alleged a misunderstanding of facts made a statement to the purport that the fact of damage is not memory in the court of original instance, reversed the statement about the content of damage, damage situations and date and time of damage, partly reversed the statement made by the police, each of the statements made by the court of original instance and the police differs from the other party who notified the initial fact of damage, the other party who was notified by the victim was attending the course at the time of damage, and there is a possibility that the victim would have made a false statement in order to refuse the course of driving school education or to attract the interest of the parents, it is difficult to view that the victim's statement has credibility, and the court below convicted each of the charges of this case on the basis of the victim's statement without credibility. The court below erred

B. The sentence imposed by the lower court on the Defendant (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. 1) The court below found the victim guilty of the facts charged by taking into account the following facts: (a) the victim consistently states the core contents of the damage from the investigative agency to the court; (b) there is no room to bring about the victim’s memory until the victim made a statement after the occurrence of the case in light of the circumstances of the complaint and investigation; and (c) the victim’s motive or circumstance to make a false statement unfavorable to the defendant; and (d) the victim’s statement is not found to be reliable; and (b) a thorough examination of the judgment of the court below in comparison with the evidence, it appears that the judgment of the court below is reasonable. 2) Further to the above judgment of the court below, the above judgment of the court below was adopted and investigated by each evidence adopted and investigated by the court below; (i) the victim wants to stop the damage under

arrow