logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2014.09.25 2014노165
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The prosecutor's appeal is dismissed.

Reasons

The court below acquitted the victim of the facts charged of this case on the ground that the victim's statement in the part of the case of this case can be found guilty of all of the facts charged of this case on the ground that the victim's statement was not reliable, in view of the following: (a) the victim was merely a child of 13 years old; (b) the victim consistently states that rape, indecent act by force, or assault was committed by the defendant; and (c) the expert analyzing the victim's statement is also a relatively reliable opinion.

Since the part of the claim for attachment order and the respondent for attachment order (hereinafter referred to as "defendant") are recognized to pose a risk of recommitting a sexual crime, the lower court dismissed the request for attachment order.

Judgment

The Defendant was living together with D, the mother of the victim C, and on January 18, 2010, reported marriage on January 18, 2010.

From May 2010 to June 2013, the victim had been living in a dormitory in a dormitory while working as E elementary school and F middle school stables. From May 2010 to June 2013, the victim had been living in a dormitory at around 18:00 or Saturdays and had been living in a dormitory at around 20:00 on Sundays 12:30.

(2) The Defendant, in the spring of 2010, violated the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc. under the age of 13) and the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc. in relation to relatives), said, at the home of the Defendant, the Defendant’s apartment in the south-gu G in Si/Gu in 2010, went out of the family of the victim C (the mother at the time, 10 years old) by taking out the crepits that she left from the family of the Defendant in 2010, and said, she is fine by taking the victim’s hand away from the victim’s hand.

It does not satisfy any day which has been today.

arrow