logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2020.05.13 2019노561
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the victim of misunderstanding of facts and misunderstanding of legal principles have a trace of the defendant's sexual organ, there was no fact that the defendant used force to the victim (Article 1 of the facts constituting the crime in the judgment of the original court) and there was no fact that the defendant committed the act of similarity to

(Article 2 and 3 of the facts charged in the judgment of the court below). The confession of the defendant who lacks intellectual ability is revoked, and since the victim's statement is not reliable, all of the facts charged in the case is found guilty, the court below erred by misunderstanding of facts and misunderstanding

B. Even if the facts charged of this case were to be found guilty, the lower court’s imprisonment (three years and six months of imprisonment) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment on the assertion of mistake of facts and misapprehension of legal doctrine and the evidence duly admitted and investigated by the court below, the Defendant’s assertion on this part of the Defendant cannot be accepted, on the grounds that there is no reasonable doubt for the fact that the Defendant committed an indecent act against the victim and committed the act of similarity to the victim by force as stated in the facts

The credibility of the statement of the victim 1 victim showed the response of avoidance to block memory and appraisal of the crime when the victim was investigated by the police due to the circumstance that the victim, who was under the age of 6, alone, was aware of the damage that was under the age of 6.

Nevertheless, the victim, at the police station, suffered damage at the construction site, the defendant's office, and the community hall, "the defendant sent the victim to the construction site, while leaving the victim nearby the construction site, leaving the victim's own will and clothes, and making the victim knife and booms the defendant's sexual organ with his hand," "the defendant sent the game, leaving the victim to the community hall, and going the victim to escape."

arrow