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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전고등법원 2018.09.14 2018노188
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendant, as his father, committed an indecent act against the victim as stated in the lower judgment, is only limited to a little number of times when diving with the victim, who is his father, and does not commit an indecent act against the victim as stated in the facts constituting an offense in the lower judgment.

B. The sentencing of the court below (the order to complete sexual assault treatment programs with 2 years and 6 months and 40 hours of imprisonment) is too unreasonable even if the defendant's act of sentencing is found guilty.

2. Determination

A. Determination 1 on the assertion of fact misunderstanding 1) When determining the credibility of a statement made by an investigative agency as evidence is submitted, considering the child’s age, how much the child’s age is, how much after the occurrence of the case, how much the child was made after the occurrence of the case, and how much the guardian or investigator who first heard the facts damaged by the child during the process of making the statement after the occurrence of the case, and inducing the child to make a specific answer through a repetitive interrogation, etc., whether there is room to cause a harm to the child memory. Whether there is room for a harm to the child’s memory, whether the above statement was not repeatedly made by the questioner, whether it was affected by another child’s statement made at the time of the above statement, whether the interview was affected by the questioner, whether the child’s statement made at the time of the interview was affected by the interview, and what kind of statement was made in the court.

In addition, the contents of the statement in one prosecutor's office also include consistency and clearness, the contents of the statement, the contents of the contents of the case, the description of the characteristic part of the victim, and the information of a standardized case or more.

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