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(영문) 서울고등법원 2013.10.10 2013노2200
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following: (a) the victim’s consistent statement of the grounds for appeal, the victim’s attitude of testimony at the court of original instance, the victim’s testimony at the court of original instance, and the part that partially reversed the victim’s statement at the time when the victim was 10 years old or older at the time when the crime was committed; and (b) the fact that it is natural, the victim’s statement that the victim was forced to engage in indecent acts by force from the Defendant is reliable; and (c) the victim’s statement that is somewhat inconsistent with the victim’s statement should be conducted through additional hearings to clarify the cause thereof and make a decision after requesting changes in the indictment.

Nevertheless, the court below rendered a not-guilty verdict without the above procedure. The court below erred by failing to exhaust all necessary deliberations, which affected the conclusion of the judgment.

2. Determination:

A. The summary of the facts charged (1) At around 15:00 on the date of the lower order of July 2004, the Defendant: (a) at a small room in the outer third village located in Suwon-si, Suwon-si, Suwon-si, Suwon-si; (b) at around 15:0, the Defendant divided the victim’s bridge into the defendant’s bridge; and (c) forced the victim’s fingers into the defendant’s bridge; and (d) sealed the victim’s fingers into the victim’s panty; and (e) included the victim’s fingers in several times in the victim’s quality.

By doing so, a minor victim under 13 years of age was forced to commit an indecent act.

(2) On August 2004, the Defendant: (a) at a water surface room near Suwon-si, Suwon-si, Sinwon-si, Sinwon-si; (b) the Defendant 10 years old and fry television and fryed the said victim (at that time 10 years old); (c) the Defendant collected and fry television by drawing up the victim’s own drafting; (d) the Defendant fry by inserting the hand into the victim’s panty; (c) the Defendant fry within the victim’s panty; and (d) the Defendant 13 years old and under the Defendant’s sexual organ by taking the victim’s hand.

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