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(영문) 대전고등법원 (청주) 2014.04.17 2014노2
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of all the evidence submitted by the prosecutor, such as “the notice of the results of the statement analysis,” submitted by the prosecutor in the summary of the grounds for appeal, there is credibility in the victim’s statement, and according to the victim’s statement, etc., it is sufficiently recognized that the Defendant committed indecent act by force as stated in each of the facts charged in this case

2. Determination:

A. In determining the credibility of a child’s statement submitted as evidence, the child’s age should be examined by how much the child’s age is, considering the fact that the child’s statement was made, how much the child’s age is, how much after the time of the occurrence of the case, how much the child’s damage was made after the time of the occurrence of the case, whether the guardian or investigator who heard the first fact of the child’s damage during the process of the occurrence of the case, giving information that is not facts, or inducing a specific answer through repeated newspapers, etc., whether there is a repeated question that may be committed by the questioned at the time of the statement, whether the question was not affected by the other child’s statement, whether the child’s statement was affected by the interviewer, and what kind of statement about the fact of damage was made in the court, and whether the contents of the case’s statement include consistency in the prosecutor’s statement and the content of the case’s statements, and whether the contents of the statement are clearly and clearly recorded or not.

(see, e.g., Supreme Court Decision 2006Do2520, Jul. 10, 2008). B.

The lower court: (a) on October 28, 201, rendered the victim’s statement; (b) the Chungcheong Stsaw Support Center.

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