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(영문) 서울고등법원 (춘천) 2016.04.27 2016노15
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

With respect to the part of the case of the defendant, the court below rendered a judgment dismissing the prosecutor's request regarding the part of the case of the defendant, and regarding the part of the case of the case of the attachment order which only the defendant appealed, so that there is no benefit of appeal as to the part of the case of the attachment order claim, and therefore, notwithstanding Article 9 (8) of the Act on Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, this part shall be excluded from

The Defendant, as stated in the facts charged, did not force the victim to commit an indecent act.

The defendant committed an act identical to the facts charged in the instant case

Even if a person is drunk, he/she cannot be deemed to fall under “act of drinking.”

The sentence of the court below's unfair sentencing (two years and six months of imprisonment, and four years of suspended execution) is too unreasonable.

Judgment

The accused denies all of the crimes, and the victim's direct evidence that conforms to the facts charged in this case is the full statement made by the investigative agency.

Therefore, the key issue of this case is whether to recognize the credibility of the victim's statement.

The defendant's assertion ① The victim had a habit that makes a false statement in order to conceal his mistake, and the victim had stolen the cell phone of the fourth-year student at the time of the crime of this case and caused confusion from the defendant, and then the victim may be subject to more disciplinary action by stealing the flasing of the flasing of the flasing of the flas, and then the victim made a false statement in the same content as the facts charged of this case.

Therefore, the victim's statement is not reliable.

(2) The Defendant’s act of drinking a victim or drinking a liquid with his/her hand does not constitute “culping” by itself.

The credibility of the victim's statement is to determine the credibility of the statement made by the investigative agency.

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