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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2018.05.09 2018노169
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim did not commit an indecent act as stated in the facts charged, and committed an act similar to that provided in paragraph 2 of the facts charged.

Even if this is merely an expression of son and female, it is erroneous in the judgment of the court below which found all of the facts charged guilty, which affected the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (two years and six months of imprisonment) is too unreasonable.

2. The Defendant asserted to the same effect as the lower court’s judgment on the assertion of mistake of facts.

In full view of the circumstances as indicated in its holding, the lower court rejected the Defendant’s assertion on the grounds that the victim’s statement supporting the facts charged is highly reliable and sufficient to fully recognize the fact that the Defendant committed an indecent act by force.

In determining the credibility of a statement made by an investigative agency against a child victimized by sexual indecent act submitted as evidence, the child's age is how much the child's age is; how much the child's age is; how much the child's statement was made after the lapse of the time of the occurrence of the case; how the child's guardian or investigator who has heard the child's damage in the course of the occurrence of the case until the above statement was made; whether there is a possibility that the child's memory may be modified by providing information that is not a fact-finding under a biased prejudice or inducing a specific answer through repeated newspapers, etc.; whether the question is not repeated at the time of the above statement; whether the testimony was affected by another child's statement made by the interviewee; whether the child's statement was affected by the interviewee; whether the child's statement was made by the interviewee; and whether it was damaged by the court.

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