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(영문) 대전고등법원 2019.02.01 2018노512
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (unfair imprisonment with prison labor for eight months) is excessively unreasonable.

B. The lower court found the Defendant not guilty of this part of the facts charged, despite the credibility of C’s statement corresponding thereto, on the ground that the lower court’s sentencing was excessively unjustifiable, and thus, was unreasonable. 2) The lower court’s judgment was unreasonable.

(F) Determination; 2. Determination

A. Determination of the prosecutor’s assertion of mistake of facts is 1) In determining the credibility of the victim’s statement supporting the facts charged, the credibility of the witness’s statement should be assessed based on the following: (a) whether the content of the statement itself conforms to the rationality, logic, and empirical rule; (b) whether the victim’s statement conforms to the witness evidence or a third party’s statement; and (c) whether the witness appearance or attitude of the witness being sworn in the open court after being sworn before a judge; and (d) whether the witness’s statement, such as a penance of the statement, is hard to be recorded in the witness protocol after being sworn (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). Where the defendant strongly denies the entire facts charged; and (d) direct evidence consistent with the facts charged in the record, the victim’s statement is merely hearsay evidence based on the victim’s statement, etc.; and (e) whether the victim’s statement has any objective probative value of evidence should be determined solely based on the victim’s statement.

Therefore, the above credibility of the victim's statement is lacking in some of the facts of damage.

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