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(영문) 대구고등법원 2016.08.18 2016노82
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim’s statement that the Defendant and the respondent for an attachment order (hereinafter “Defendant”) did not have sexual intercourse with or committed an indecent act against the victim, and that the victim suffered such damage is not reliable. The lower court did not specify the date and time of the crime and did not specify the crime.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing (12 years of imprisonment) is too unfluent and unreasonable.

2) Since the Defendant’s part of the case where the attachment order is requested is likely to recommit a crime, the attachment order request should be accepted.

2. Determination

A. Determination 1 on the Defendant’s assertion of misunderstanding the facts or misapprehension of the legal principles 1) In determining the credibility of the victim’s statement in support of the facts charged, the court shall make an evaluation of the credibility of the victim’s statement by taking into account all the circumstances that are difficult to record in the witness examination protocol, such as the appearance, attitude, and penology of the witness who is being sworn in the presence of a judge, and the penology of the witness, which are hard to record in the witness examination protocol, after being sworn in the presence of a judge. The court shall not dismiss the victim’s statement without any additional credibility unless there are any other reliable materials that can be objectively deemed to lack credibility when the victim’s statement, including the victim, is consistent and consistent with the facts charged (see Supreme Court Decision 2012Do2631, Jun. 28, 2012; 2012Do2631, Jun. 28, 2012).

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