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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 (전주) 2016.10.11 2016노85
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles [Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (comprehion of minors under thirteen years of age)] did not have sexual intercourse with the victim on the date of the crime stated in this part of the facts charged, the court below found the defendant guilty of this part of the facts charged due to the maximum investigation without credibility and the testimony of the victim stated in the education course.

B. The lower court’s sentence of unreasonable sentencing (10 years of imprisonment, 120 hours of sexual assault treatment program) is too unreasonable.

2. Determination

A. 1) In determining the credibility of a victim’s statement in the relevant legal principles, the court shall assess the credibility of the victim’s statement, taking into account all the circumstances that are difficult to record in the witness examination protocol, such as the appearance and attitude of the witness being sworn before a judge, and the penology that are hard to record in the witness examination protocol, after being sworn before a judge, in order to determine the credibility of the victim’s statement (see, e.g., Supreme Court Decisions 2004Do362, Apr. 15, 2005; 2008Do7917, Jan. 30, 2009; 2008Do7917, Apr. 15, 2009; 2008Do362, Apr. 15, 2005; and 2008Do7917, Jan. 30, 2009).

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