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(영문) 서울고등법원 2020.05.12 2020노301
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) erroneous determination of facts and misapprehension of legal principles are erroneous.

The main argument for the defendant to be considered as a misunderstanding of legal principles is also same.

In light of the following: (a) a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Act on the Protection of Children and Juveniles against Sexual Abuse”); (b) a victim’s statement is inconsistent; (c) a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse; (d) a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (e) a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “the victim’s statement was inconsistent with the victim’s house at the time”; and (e) a victim’s statement made to the investigative agency that

B. A violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a brokerage business, etc.) (Article 2 of the original judgment), and the Defendant merely accepted sexual buyers’ contact at the victim’s request and did not arrange “the act of buying sex of a child or juvenile victim.”

The victim's statement that corresponds to this part of the facts charged is difficult to believe.

2. In the instant case, the key issue is whether the credibility of the victim’s statement corresponding to the instant facts charged is the credibility.

It is also related to the defendant's primary reason for appeal.

In light of the circumstances acknowledged by the evidence duly admitted and investigated in the original judgment and the trial court, the lower court’s judgment that convicted the Defendant on the ground that “the victim’s statement that corresponds to the facts charged in the instant case may be trusted,” is justifiable, and the Defendant’s assertion is without merit.

It is reasonable to view that sufficient proof was given to acknowledge the charged facts of this case as guilty.

If the basis is supplemented, it is as follows:

In the case of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, the victim's statement may be trusted as follows:

Legal and factual aspects.

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