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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구고등법원 2018.05.17 2018노111
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The part of the defendant case

A. The gist of the grounds of appeal (misunderstanding of facts and legal principles) is as follows: (i) The lower court, among the facts charged in the instant case, on the grounds that the said victim’s statement was not reliable with respect to the indecent act committed against the victim G; (ii) the admissibility of each evidence of the “record” recording the victim I’s statement recorded in the victim I’s statement, i) the victim’s statement, ii) the victim’s statement recorded in the video recording CD; and (iii) the statement in L alone, the behavior of the Defendant and the person who requested the attachment order (hereinafter “Defendant”) constitutes an indecent act, or the Defendant had the intent to commit an indecent act.

For reasons of insufficient recognition, each not guilty verdict was pronounced.

However, for the following reasons, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

1) A witness L made a statement in an investigative agency that “the defendant had kisced to kisck the victim’s buck,” and the defendant also recognized that “the defendant had kisced to kisced the victim’s body.” The victim’s statement on the part that the defendant contacted the victim’s body is credibility.

In addition, the victim's statement about this part of the facts charged is credibility in light of the fact that the investigative agency shows that "I want to continue to leave the same time until this day" at the time of the statement of damage, "I want to leave the same place of Taekwondo," the victim's statement about this part of the facts charged is reliable.

B) As long as the Defendant was faced with the victim’s view, this constitutes an indecent act by force, and the Defendant also committed an indecent act against the victim.

Recognized.

2) The phrase “video recording CD” containing the victim’s statement made by the victim’s victim I constitutes a video information that contains the statement made by a person other than the Defendant and is stored in the computer disc.

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