(영문) 서울고등법원 2014.02.06 2013노3844 | 리걸엔진

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(영문) 서울고등법원 2014.02.06 2013노3844

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

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Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) (a) the Defendant attempted to dance in a way consistent with the agreement with the victim, but the victim did not refuse to contact with the victim and did not make any more physical contact. Furthermore, the victim’s statement that corresponds to the facts charged is difficult to believe.

(B) At the time, the Defendant did not know that he was under 13 years of age.

(2) Considering the circumstances leading up to the instant crime claiming unreasonable sentencing, the lower court’s imprisonment (two years and six months of imprisonment) is too unreasonable.

B. In light of the type of the instant crime committed by the prosecutor, the Defendant’s power, etc., the lower court’s punishment is too uneasible.

2. Determination

A. (1) The defendant's case (A) the victim's statement is the direct evidence that can be found guilty of the facts charged of this case. Thus, it is reasonable to conclude that the court below's decision that the victim's statement can be trusted on the ground of the circumstances stated in its holding is the issue of "the credibility of the victim's statement" in this case.

Furthermore, even if the defendant and the victim met on the premise of physical contact, the defendant's statement that correspond to the facts charged, and the defendant also stated several times as follows: "I tried to get off the victim by getting out of kisk and getting out of the kisk." In full view of the 87 pages, 8, 93, and 94 of the investigation records, the defendant committed indecent act against the victim's will by force.

(B) All the circumstances indicated in the record, namely, ① the victim was the sixth-year student of the 12-year old elementary school at the time of the crime of this case, ② at the time of the crime of this case, the victim expressed that he was “the victim was 13 years of age and 6 years of age,” and that the Defendant was also the victim’s her her her her her her her her her her her her her her her her her her her her her her her her,

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