logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2015.06.18 2015노15
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not commit an indecent act by compulsion against the victim.

Nevertheless, the lower court found the Defendant guilty of the instant facts charged on the grounds of the statement of the victim, G, etc. with no credibility. In so doing, the lower court erred by misapprehending the facts and affecting the conclusion

B. The prosecutor’s sentence of the lower court (four years of imprisonment) is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, etc., the lower court also asserted the same as the grounds for appeal, and the lower court determined that the Defendant could sufficiently recognize that the Defendant committed indecent act by force, such as the entries in the instant facts charged, had credibility in the victim’s statement on the grounds of the circumstances stated in its reasoning in the part of “determination on the Defendant’s and defense counsel’s assertion

In full view of the above circumstances cited by the court below and the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above judgment of the court below is just, and there is no error of law such as misconception of facts as alleged by the defendant.

(1) In lieu of an open question, an investigator has made the victim voluntarily make a statement.

Although there was a closed question that contains incorrect information, the victim voluntarily corrected inaccurate information contained in the question of the investigator and made a natural statement in response to cancer and inducement.

In this respect, it is difficult to see that the victim's memory is modified by the question of the investigator or that the statement was induced by the investigator.

② The victim had his memory more and expressed the fact of damage through language and behavior that fit his age.

And the statements of the victim are too natural, natural and consistent.

.the statements of the victim.

arrow