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(영문) 대전고등법원 2016.06.17 2016노116
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. In fact, the Defendant: (a) found the victim’s clothes for bathing, kiscing the victim’s chest in the victim’s chest while taking kiscing them; and (b) did so; (c) however, there was no fact that the victim was sexually abused, or that the victim attempted to inserting the Defendant’s sexual organ into the part of the victim.

B. The sentence of the lower court’s improper sentencing (three years and six months of imprisonment) is too unreasonable.

Judgment

A. Determination 1 as to the assertion of fact misunderstanding 1) When determining the credibility of a statement made by an investigative agency, considering the fact that a child who suffered from sexual indecent act, submitted as evidence, has a strong crypology by the questioner, and there is a possibility that the child is confused with his/her reputation and reality or that the source of memory may not be properly perceived, the child’s age should be determined by how much the child’s age is, how much the child was made after the occurrence of the case, how much the child’s statement was made after the date of the occurrence of the case, and how the guardian or investigator who first heard the fact of the child’s damage in the course of the occurrence of the case until the statement was made after the occurrence of the case, or inducing the child to make a specific answer through repeated interrogation, etc., whether there is room to bring any harm to the child memory by means of a biased question that may be detected by the questioner at the time of the statement, whether the child’s statement was affected by the question, whether the child’s statement was made or not affected by the victim’s statement in court, and the detailed description of the content of the case.

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