logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.04.22 2015노799
아동복지법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below which found the defendant guilty, although the defendant did not commit the act identical to the facts charged in this case, is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

2. In full view of the following circumstances acknowledged by the court below and the first instance court’s duly admitted and investigated evidence as to the Defendant’s assertion, the court below found the Defendant guilty of the charges of this case. Thus, the court below erred by misapprehending the legal principles as to the facts.

subsection (b) of this section.

A. The Defendant asserts to the effect that, in light of the fact that the victim’s mother did not strongly assert the part of sexual harassment against the victim at the time of the police’s dispatch to the police site, the victim’s mother’s statement cannot be trusted.

According to the records, it is recognized that the victim's mother did not make a statement to the police officer at the time of the victim's dispatch to the scene to the extent that "the defendant only made a statement to the extent that "the defendant was able to have the victim's frightion while drinking water and fright to know about why the fright the frighto the fright, and why the frighter's frighto

However, the situation at the time when the victim's mother made the above statement was that the husband was dispatched to the police in the process of pursuing the defendant's wrong testimony immediately after the crime of this case, and there was a possibility that the victim's mother, who should look at two cases, did not properly explain the defendant's behavior at the time of the crime of this case, could not explain the defendant's behavior at the time of the crime of this case. Thus, the victim's mother appears to have described the defendant's gambling behavior.

It can not be deemed that the supplement of the statement is an exceptional to the extent that it would be against the general rule of experience.

In addition, at the time, the police officer in charge of the on-site dispatch receives a report that he gets his father and frighten by committing indecent acts against women in young children.

arrow