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(영문) 광주고등법원 (전주) 2017.07.04 2017노43
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is consistent with the essential content that the victim E (hereinafter “E”) is self-employed, and the Defendant and the person who requested the attachment order (hereinafter “Defendant”) suffered from sexual indecent conduct.

Although the E’s mother’s statement and the process of committing the crime are different from the E’s statement in light of the following circumstances, D and F have a normal ability to make a statement.

It is difficult to see the time of occurrence of crime, and since it is not the core of this case, but is difficult to make statements as E, the credibility of E’s statement cannot be rejected on the ground that D and F’s statements are different from those of E’s statements.

Therefore, the judgment of the court below that rejected the testimony of E recognized credibility and acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the conclusion of the judgment.

A. D made a statement that, when the Defendant was well at the home of E, D himself/herself was at all times, and D was unable to play a game once, it was difficult for him/her to commit a crime because of the too short time, but D is highly likely to be influence because alcohol abuse and dependence is very high.

(b) D has expressed from E the words "abd" during which D is serving in prisons;

Although the statement was made, E is a child of 12 years of age who has a mental disorder of Grade 3 with a mental disorder that is difficult to accurately specify the period of crime, and E said contents were said to D.

Even if it is difficult to believe it.

D Since wife was in a prison, there was a bitral work between Dong Ne men, and at the same time there was a similar work to E in the same time.

There is also a possibility to mislead.

Therefore, it is difficult to deem that the E’s statement is not reliable on the grounds of the above D’s statement.

(c)

E develops several concepts related to time.

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