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(영문) 대법원 2013.10.17 2013도9129
청소년의성보호에관한법률위반(청소년강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements made by the victim, etc., taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance or attitude of the witness who is taking an oath before a judge, and the penology of the witness who is going to make a statement in the open court after being sworn, and the penology of the statement, etc. (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 201Do2631, Jun. 28, 2012), and where the statements made by the witness including the victim are consistent and consistent with the facts charged objectively and objectively, they shall not be rejected as long as there is no other reliable evidence to deem the credibility of the statements made by the victim, etc. (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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