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(영문) 대구고등법원 2015.10.15 2015노133
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) although there was a fact that the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with the Defendant,

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the lower court and the evidence duly admitted and examined by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant may be admitted without reasonable doubt as to the fact that the Defendant committed indecent act by force as stated in the facts constituting the crime of the lower court. Therefore, this part of the Defendant’s

① With respect to the facts of damage at an investigative agency (Seoul saw Support Center), the victim made a clear statement that “the Defendant was able to see the victim’s her am, and the victim expressed her am while drinking (the victim expressed her am, “the victim’s am,” “the victim’s am,” and “the victim made a clear statement.”

In the statement made by the victim at an investigative agency, not only the core damage situation as above, i.e., the body part and the method of indecent act, but also the date and place of the crime, surrounding circumstances at the time of the crime, the horses and actions of the defendant before and after the crime, etc., contain specific and detailed information that the victim is difficult to make without direct experience, and thus, it is sufficient to recognize

(2) The injured party shall remain between 6 and 5 months of age at the time when the above statement was made to D.

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