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(영문) 부산고등법원 (창원) 2014.05.07 2013노343
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

(b) the defendant;

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order; 1) Defendant and the respondent for an attachment order (hereinafter “Defendant”) are only the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

A) There was no fact that the victim H (the age of 8 at the time and time) committed indecent act, or the victim G (the age of 12 at the time and time) committed indecent act at the time and place recorded in the instant facts charged. In addition, the victim H’s statement, which is a fundamental and direct evidence of the facts charged, was revealed to the effect that it is contradictory in itself or is different from objective truth in a considerable part, and even though it is difficult to believe the victim’s statement as it is in conflict with the victim’s G’s statement, the lower court erred by misapprehending all the facts charged on the basis of the victims’ statement by completely denying the Defendant’s reasonable assertion and materials that are avoiding the credibility of the victims’ statement. Furthermore, if the evidence newly examined at the appellate court combined with the evidence, at least the date and time indicated in the facts charged, it was revealed that the Defendant did not commit such crime against the victims. Thus, this case constitutes a case without proof of the facts charged, and thus, it should be pronounced not guilty.

B. Prosecutor 1) The above sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unfair. 2) Although the Defendant is likely to recommit a sexual crime, it is unreasonable for the lower court to dismiss the request for an attachment order of the location tracking device.

2. Determination

A. As to the facts charged in the instant case, the lower court found the Defendant guilty on the ground that the testimony of H and G was reliable.

B. The defendant denies that there is no indecent act against the victim G, and G is admitted as evidence corresponding to this part of the facts charged.

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