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(영문) 대전고등법원(청주) 2020.11.26 2020노73 (1)
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant 1) When referring to the victims of this case, such as specific time and place of the crime, Defendant’s behavior, etc. related to the crime of this case by mistake of facts, and the victims of this case (hereinafter referred to as “victims”), the victim who is not the victim in an individual charge should enter only his name. The credibility of the victim’s statement is not recognized because major parts of the statement are inconsistent or contradictory. Nevertheless, the credibility of the victims’ statement is recognized, and the judgment of the court below which found Defendant guilty of all the crimes of this case based on this, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The judgment of the court below’s decision on the grounds of an unfair sentencing is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

Judgment

A. The lower court determined that, based on the following circumstances, the Defendant could sufficiently recognize the fact that the Defendant committed the same crime as the facts charged at the time and place specified in the facts charged:

(4) According to the victim's statement, the court below changed the time of the crime under paragraph (2) of the facts charged of this case to " around January 30, 2019, 05:05:00 -6:00 on January 30, 2019). (1) The victim D was at the time of the police investigation and the police investigation and the remaining victims as stated in the facts charged, based on the overall circumstances indicated in the records, including the following: (a) the Defendant's act of self-harm, the body of the victim G in knife, or the Defendant and the victim G in knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

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