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(영문) 서울고등법원 2021.01.14 2020노1929
미성년자의제유사강간등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not commit each of the crimes listed in Articles 3 and 4 (hereinafter “instant crime”) as indicated in the lower judgment.

Therefore, the court below erred by misapprehending the facts.

2) The sentencing of the lower court’s improper sentencing is too unreasonable.

3) It is unreasonable for the lower court to order the Defendant to place employment restrictions for seven years at child and juvenile-related institutions, etc. and welfare facilities for the disabled.

B. The lower court’s sentencing is too uncomfortable and unfair.

2. Determination

A. 1) The probative value of evidence is left to a judge’s free evaluation of facts. However, such determination must conform to logical and empirical rules, and the degree of the formation of a conviction to find a defendant guilty in a criminal trial is not required to the extent that there is no reasonable doubt. However, it is not required to exclude all possible doubts, and rejection of evidence which is recognized as having probative value is not allowed beyond the bounds of the principle of free evaluation of evidence. Here, “reasonable suspicion” refers to a reasonable doubt as to the probability of facts that are inconsistent with the facts that are not necessary based on logical and empirical rules, not including all questions and correspondences, and it refers to a reasonable doubt as to the probability of facts that are inconsistent with the facts that are not necessary based on the logical and empirical rules. As such, the circumstance favorable to the defendant should be based on the sexual reasoning that is grasped in relation to the recognition of facts that are favorable to the defendant, it cannot be said that the doubt based on conceptual or abstract possibility is included in a reasonable doubt.

Therefore, there is consistency in the statements about the victims of sexual assault in their major parts.

If it is judged, there is a little disagreement between the statements of the remaining minor matters.

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