(영문) 서울고등법원 2012.11.01 2012노2211 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2012.11.01 2012노2211

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the prosecutor's statement of the victim's grounds for appeal, the defendant could be found to have committed an indecent act by deceiving the victim's sound records, etc., which he had been under the custody of the sea. Thus, the judgment of the court below which acquitted the defendant.

2. Determination

A. The summary of the facts charged is as follows: (a) the Defendant: (b) around 13:30 on August 24, 201, at the bathing beach located in the Incheon Cheongjin-gun, Incheon, the Victim E (In leisure, 10 years of age), and (c) as part of the fact-finding, the Defendant stated in the indictment and the judgment of the court below on the charge that the Defendant was the victim’s hand with his left hand in saving the neck of the victim, but the indictment and the judgment of the court below stated that the Defendant was the “HE” but the victim was the victim at the time according to the statements made by the investigative agency and the court below; and (d) the summary of the facts charged

In order to put the hand into the bill and keep the sound of the victim involved, the victim committed indecent acts.

B. The lower court’s judgment: (a) although the victim made a relatively consistent statement about the direct damage to the victim; (b) the investigator reversed the victim’s statement several times after the occurrence of the instant case; and (c) in light of the circumstances in which the mother of the victim actively participated in the process of making a statement at the time of recording the police statement, the possibility that the victim’s statement in the police investigation was affected by the investigator and mother; and (c) considering the age of the Defendant 70 years old and the chronic urology and the merger certificate that the Defendant suffered, the Defendant’s assertion that “the victim’s physical contact was made during the process of leaving the scene during which the victim’s body balance was lost,” the Defendant’s assertion that “the victim’s statement was credibility on the sole basis of the victim’s statement.”

C. According to the evidence duly adopted and examined by the court below, the investigator in the process of recording the statement in the police.

유사 판례

-서울중앙지방법원 2012.07.13 2012고합278

-광주지방법원 2017.07.07 2017고합100

-청주지방법원 2020.08.14 2020고합55

-광주지방법원 2016.12.02 2016고합429

-춘천지방법원 2021.02.03 2019노353