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(영문) 대전고등법원 2019.05.24 2018노501
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The statement made in an investigative agency of the victim and the mother of the victim cannot be believed to have made a statement in the case in a false or exaggerated manner. Although there was a fact that the defendant made a physical contact with the victim, the indecent act by compulsion was committed with an indication of friendship, and the attempted rape was committed by the victim's act in order to make it hot in the course of the victim's landing. The attempted rape was committed by the indecent act and the act committed by the indecent act and rape was committed by the victim.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. In determining the credibility of a statement made by the victim and the victim's mother when the victim, who is a minor, was rape or indecent act by compulsion, etc. from his/her relatives in a position to protect and supervise him/her, the victim made a statement at the risk of criminal punishment of his/her relatives with knowledge that he/she did not have any witness in addition to his/her own statement, and the motive or reason for making a false statement is not clearly revealed. In addition, if the contents of the statement are factual and concrete consistent, and there are no parts inconsistent with the logical and reasonable statement in light of the empirical rule, even if the contents of the statement are somewhat unclear or contradictory to the minor part due to the difference in the expression, the victim's credibility should not be rejected without any special reason (see, e.g., Supreme Court Decisions 2006Do3830, Oct. 26, 2006; 2010Do1234, Jan. 1, 2010).

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