logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.03.29 2017노601
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) is as follows: (a) the victim changed the elbane on the part of the victim who was forced by the Defendant to commit an indecent act by force from the Defendant, and memoryed the fact of damage; (b) the victim did not have a mental disorder enough to receive treatment; and (c) at the time of changing the elbs, the victim’s report process is credibility.

In addition, the victim made a detailed statement to the extent that it is impossible to make a statement without experiencing the fact of damage, and considering the fact that the victim did not contact with the above fact through counseling with the center and sex education, the victim's statement of damage also has credibility.

Otherwise, the defendant was detained;

Further, it cannot be ruled out that the victim’s statement on the situation at the time of damage caused by the film F’s downloading of TV function, the Defendant’s house structure, the fact that the victim’s statement on the victim’s money was consistent with the Defendant’s statement, and the possibility that the victim was forced to commit an indecent act from the Defendant at the time when the victim was forced to commit an indecent act, the statement that the victim was forced by the Defendant at the time of the day indicated in the facts charged of the instant case can be reliable.

On the other hand, the defendant's statement of denial of crime is low credibility in light of the fact that the defendant received the victim's objection from his father before being investigated by the police before being investigated, but testified to the effect that he was first aware of it in the police investigation, and that there was a false response to the defendant's statement denying the crime as a result of the detection of false words, etc.

Moreover, the Defendant, upon being investigated by the investigative agency, sent a text message to the victim’s father on September 7, 2016 and December 4, 2016.

arrow