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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2020.05.13 2019노388
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The victims of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes have credibility in their statements because they have consistently and specifically stated the damage situations, and there are some changes in the statements made by the victim's mother.

Even if the statement is not compatible or contradictory, it is possible to recognize this part of the facts charged according to the statements of the victim and the victim's mother.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

나. 아동복지법위반(아동에대한음행강요매개성희롱등) 부분 피고인의 발언 경위, 전후의 사정 및 이에 대한 피해자의 반응 등을 종합하면, 피고인이 이 부분 공소사실과 같이 피해자에게 “딸 찌찌 많이 컸네, 몇 컵이냐 엄마처럼 많이 커지겠다.”라고 말한 것은 아동에게 성적 수치심을 주는 성희롱 등 성적학대행위에 해당한다고 볼 수 있다.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, since the lower court rendered a not-guilty verdict on this part of the charges, deeming that such speech and behavior did not constitute sexual abuse.

2. Determination

A. The Defendant in the facts charged: C, the mother of the Victim B (Inn, 15 years of age), and the Defendant started schoolwork from around December 28, 201, and then written indictment around December 24, 2012, but it appears to be a clerical error.

(66 pages of the trial record). A person who reported the marriage and adopted the victim through full adoption until April 2017, who was living together with the victim and C, in the name of the defendant, from the location of his/her residence.

1) Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the part of an indecent act by compulsion of relatives) (the Defendant, on September 2013, has met or met the ship from the victim, on which the second gender was commenced before the Defendant’s house living room.

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