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(영문) 대구고등법원 2017.08.17 2016노716
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

1. The part of the judgment of the court below which acquitted Defendant B is reversed.

Of the facts charged in the instant case, Defendant B

Reasons

Under the misunderstanding of the summary of the grounds for appeal on the part of the defendant's appeal, the name "the defendant" shall be used only for the defendant falling under each item and the remaining defendant shall be stated only in his name.

In relation to the child education representative for A victim E (hereinafter “Defendant”) on July 2012, 2012, the victim E was able to live together with his grandparents at the time, and the child education representative for around November 2012, the victim E was unable to actually reside due to the inside works of the beauty room at that time, and the victim E was not able to live together with Defendant A.

In addition, in relation to the child class around August 2013, if only one room was inside the beauty room at the time, but Defendant A committed abusive acts, the beauty room or other people were the sound and secret suitable for the victim E.

Therefore, the victim E's statement that the defendant Gap suffered child abuse as stated in the crime No. 1-A of the judgment of the court below is not reliable.

Nevertheless, the court below found the defendant guilty of this part of the facts charged on the basis of the statements made by the victim E who is not reliable. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

The victim G was in contact with the victim G, and the victim G was living together with the grandparents in Osan. As such, if Defendant A committed abusive acts such as the statement in paragraph 1-b. of the criminal facts in the judgment of the court below, it would have requested assistance from them.

In addition, there is no content that victims G have suffered serious violence or pain even if they are in the school records of the victim G.

Therefore, the victim G's statement that Defendant A suffered child abuse, such as the statement in paragraph (1) b, cannot be reliable.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged on the basis of the statements made by the victim G, which are not reliable.

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