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(영문) 부산고등법원 (창원) 2016.06.29 2016노59
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. The victim of the misunderstanding of facts was forced to commit an indecent act by the defendant in the court of the court below.

All statements made by the police are false, and the facts are not true that they had been committed by the defendant. Accordingly, even though the victim's statement was revealed to be false, the court below convicted all of the facts charged of this case on the basis of the police statement of the victim without credibility. Thus, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

B. Since there are special circumstances under which disclosure of personal information of the defendant, including the victim, should not be disclosed or notified by all his/her family members, such as where disclosure of personal information of the defendant is notified to the public, the order of disclosure of personal information by the court below is unfair.

(c)

The punishment sentenced by the court below to the defendant (five years of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

(a) A minor victim was subject to a sex offense, such as rape or forced indecent conduct, from a relative in the position of protecting and supervising himself/herself;

In determining the credibility of a statement when a statement is made, the victim, even though he/she was aware of the absence of physical evidence or direct witness in addition to his/her own statement, has revealed the fact of personal injury at the risk of criminal punishment of relatives, and the motive or reason to make such a statement is not clearly revealed, and the contents of his/her statement are factual, specific, consistent, and are not inconsistent in light of the empirical rule, and there are no parts inconsistent or inconsistent in the statement in light of the empirical rule, there is a part in which the content of the statement appears to be somewhat ambiguous or inconsistent due to the difference in the expression.

a statement, even if any;

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