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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2012.12.07 2012노2779
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강간)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. It is true that part of the victim's statement in the summary of the grounds for appeal is reversed or not consistent with the interest of the victim. However, although the overall purport of the statement that the victim was a child who is merely 12 years of age at the time of committing the crime and was damaged by sexual assault as stated in the facts charged by the defendant and the person who requested the attachment order (hereinafter "the defendant") is consistent, the court below rejected the credibility of victim's statement without reasonable grounds and acquitted the victim, there is an error of law

2. Determination of the accused case

A. The judgment of the court below is based on the premise that the victim's statement is the only evidence that conforms to the facts charged in this case, and the victim's statement is made with respect to credibility of the statement, ① the victim's statement is made gradually by adding to the investigation agency the text, quality, and the addition of the oral marry, which was not first made to the court of the court below until the court of the court below, and there is a suspicion that the victim's statement is not affected by the neighbors. ② In particular, sexual marization in the port text constitutes a shock experience with strict pain, but the victim did not explain specific circumstances other than that of the defendant's marry in relation to the situation at the time, and the suffering also shows that "proparry and early margum" means that the victim stated facts that he had experienced, ③ the victim's statement for the period and frequency of rape, ③ the victim's statement has not been made consistently to the extent that it can not be seen as 1 to 210 days before the court of the court of the court below's ruling.

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