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(영문) 광주고등법원 (제주) 2021.01.27 2020노79
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the defendant was found guilty and the part of the case for which the request for attachment order was filed, and there is no benefit of appeal regarding the part for which the request for attachment order was filed.

Therefore, notwithstanding Article 9(8) of the Electronic Device Attachment Act, the scope of the trial of this court is limited to the part of the case of the defendant among the judgment below, and the part of the case of application for attachment order is excluded.

2. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary indecent act) by taking the statements of the victims who are not reliable as evidence, on the grounds that the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine.

B. The punishment sentenced by the lower court (two years and six months, etc. of imprisonment) is too unreasonable.

3. Determination

A. 1) The lower court also asserted the same purport as the grounds for appeal in this part, and the lower court acknowledged the credibility of each victim’s statement on the grounds of the facts and circumstances set forth in its reasoning, and found the victims guilty of all the facts constituting the crime in its holding based on each of such victims’ statements.

We rejected the Defendant’s assertion.

2) Examining the following circumstances, based on the facts and circumstances stated in the judgment below, the court below and the evidence duly adopted and investigated by this court, the credibility of each victim’s statement may be recognized even if all of the evidence submitted by the Defendant up to this court, the facts and circumstances of the assertion are considered.

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