(영문) 서울고등법원 2015.05.15 2014노3867 | 리걸엔진

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(영문) 서울고등법원 2015.05.15 2014노3867

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

Text

The judgment below

The part of conviction and fraudulentation of tuition fees shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The lower court found Defendant 1 guilty of this part of the facts charged in reliance on the victim D and H’s statement, although there was no fact that the Defendant committed an indecent act by compulsion of the victim D, and there was no fact that the Defendant talked by the victim H does not constitute deception, nor by deceiving the victim H by deceiving the victim H, the lower court convicted Defendant 1 of this part of the facts charged. 2) The lower court’s sentence of unreasonable sentencing is too unreasonable.

B. On November 2010, among the facts charged in the instant case, a prosecutor 1) acquitted the victim D on account of erroneous determination of facts and misapprehension of legal principles, the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13), each violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under the age of 13) against the victim E, and all the charges of fraud caused by the deception of tuition fees, the lower court acquitted the victim on charges of erroneous determination of facts or misapprehension

2. Determination

A. 1) Determination of the lower court on the Defendant’s mistake of facts and misapprehension of legal doctrine regarding the Defendant’s assertion of the same purport as the grounds for appeal in the lower judgment, the lower court determined that the Defendant could sufficiently recognize the fact that the Defendant committed indecent act by force, such as the facts constituting the crime No. 1 of the lower judgment, was 15 years old at the time of making a statement at an investigative agency, and the victim consistently stated the fact of damage from the investigative agency to the lower court to the lower court. The circumstances leading up to the victim’s disclosure of the fact of damage are natural, and there are no particular circumstances that may change the victim’s memory to the victim’s memory, and the credibility of the victim’s statement can be acknowledged in light of the victim’s attitude of the victim’s statement.

B. The court below held that the victim D was examined as a witness and made a statement.

유사 판례

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