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(영문) 대전고등법원 2020.08.21 2020노95
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Since the investigation between B and C is conducted after the fact of the defendant's participation, and the statement between B and C does not coincide with that of the defendant's participation in the investigation between B and C is extremely natural, as well as a record of recording to sufficiently verify the credibility of the statement between B and C is submitted as evidence, the testimony between B and C in the investigation stage is credibility.

Nevertheless, the court below found the defendant not guilty on the ground that the statement B and C cannot be trusted.

Judgment

A. The lower court determined that: (a) the statement made by B and C cannot be ruled out that there is a motive to make a false statement in the purpose of sentencing favorable to the Defendant in the position in which they are in conflict with one another; (b) the statement is reversed and its entirety is insufficient or contradictory to other evidence; and (c) the content of the statement itself is difficult or doubtful; (b) the content of the recording recording recording conversations between the Defendant, B, and C is difficult to readily conclude that C and C were in similarity and photographing by the Defendant’s coercive instruction; and (c) each of the facts charged in the instant case was acquitted on the grounds that there is no proof of a crime.

B. Examining the various circumstances cited by the court below in light of the following circumstances acknowledged by the court below and the evidence duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the prosecutor.

Therefore, the prosecutor's assertion of mistake is not accepted.

The defendant's invitation to commit quasi-Rape shall be made.

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