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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2018.01.11 2017노2370
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

The court below found the defendant guilty of the facts charged of this case on the basis of the victim's statement, etc. although the victim's statement was not reliable, the court below erred by misapprehending the facts and affecting the conclusion of the judgment.

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

Judgment

In a case where the statements of the witness, including the victim of the judgment on the assertion of facts, are mutually consistent and consistent with the facts charged, they shall not be rejected without permission, unless there exist any separate and reliable data to deem that there is considerable credibility from an objective perspective, and in a case where the statements of the witness are consistent with the major parts of the statements, the credibility of the statements shall not be readily denied solely on the grounds that the statements of the witness are somewhat inconsistent with the statements concerning other minor matters (see, e.g., Supreme Court Decisions 2007Do10728, Mar. 14, 2008; 2012Do2631, Jun. 28, 2012). In the lower court, the Defendant asserted that the grounds for appeal under this part of this case are similar to the grounds for appeal, and the lower court, on the grounds that the statements of the victim, who corresponds to the facts charged in this case, are reliable and circumstances supporting them exist.

The decision was determined.

The judgment below

In light of the above legal principles and records, a thorough examination of the reasoning of the court below is justified even if the defendant and the defense counsel's arguments and submitted materials, and the evidence adopted and examined at the trial of the party, the above determination by the court below is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

subsection (b) of this section.

Therefore, this part of the defendant's argument is without merit.

The defendant is sentenced to more severe punishment than the same offense and fine.

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