(영문) 대전고등법원 2015.07.17 2015노78 | 리걸엔진

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(영문) 대전고등법원 2015.07.17 2015노78

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)

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The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for five years.

. Information on the Defendant.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) did not commit any similar rape against the victim, as stated in the facts charged in the instant case.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too heavy.

2. Prior to the judgment on the grounds for appeal by the Defendant on the grounds for ex officio reversal, the Prosecutor applied for amendments to the indictment with the effect that the date and time of the offense in the instant facts charged was changed from “201.3.3.00” to “the date and time of the offense” in “2011.0,” and the same is changed by this court’s permission, and the part of the Defendant case among the judgment below is no longer maintained.

However, even if there are such reasons for ex officio destruction, it still remains subject to the judgment of this court according to the defendant's reasons for appeal.

3. Determination

A. First of all, we examine the part of the defendant's case whether the defendant committed any similar rape as stated in the facts charged of this case against the victim.

1 When determining the credibility of a statement made by a child sexual indecent act victim submitted as evidence at an investigative agency, considering the fact that the child’s age is strong amciacy by the questioner, and that there is a possibility that confusion between the circumstances and reality, or that the source of memory can not be properly perceived, the child’s age is how much the child’s age is, how much the child’s statement was made after the occurrence of the case, how much the child was made after the child’s initial statement was made, and whether the guardian or investigator who heard the child’s damage in the course of the first time from the occurrence of the case to the occurrence of the statement after the occurrence of the case may not cause a change to his memory by providing information that is not true for the child or inducing a specific answer through repeated

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