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(영문) 광주고등법원 2020.05.21 2019노448
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the absence of a mistake of fact that the Defendant committed indecent act by compulsion of the victim, the lower court found the Defendant guilty of the instant facts charged by misunderstanding the remaining facts dependent only on the victim’s statement without credibility.

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

2. Determination

A. 1) As to the assertion of mistake of facts, the lower court also argued to the effect that it is similar to the grounds for appeal in this part. In full view of various circumstances recognized by the evidence adopted by the lower court, the lower court determined that the victim’s statement concerning the fact of injury exists credibility, and that the Defendant could sufficiently recognize the fact that the victim committed indecent act as stated in the facts charged, and rejected the Defendant’s assertion and convicted the Defendant of the facts charged in this case. 2) In determining the credibility of the victim’s statement supporting the facts charged, the lower court did not err by misapprehending the relevant legal doctrine as to whether or not the victim’s statement conforms to the reasonableness, logic, logic, and morality of the content itself, or evidence evidence or third party’s statement, as well as whether the statement conforms to the witness’s appearance, attitude, and statement in the open court after being sworn before the judge, and thus, rejected the part of the lower court’s statement based on the empirical rule, such as the victim’s statement consistent and consistent evidence 201.

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