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(영문) 서울고등법원 2017.11.30 2017노2275
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for five years.

Sexual assault against the defendant for 80 hours.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) On July 7, 2016, the police officer arrested the Defendant on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) and cellular phone from the Defendant (hereinafter “instant mobile phone”).

(A) The digital information of this case is a photograph, screen image, etc. (hereinafter referred to as "the digital information of this case") by analyzing digital evidence after arbitrarily submitting the cell phone.

(B) On July 7, 2016, the instant facts charged are similar to the facts suspected of a crime, which was the cause of voluntary submission, and are lawful voluntarily submitted on July 7, 2016, and thus, the electronic information of this case is admissible.

B) Even if the facts charged in the instant case were not identical to the facts charged on July 7, 2016, which caused voluntary submission, the Defendant, on September 23, 2016, confirmed all of the digital information 1,971, including photographs related to the instant facts charged, and submitted them arbitrarily, and thus, the instant digital information is admissible.

2) The electronic information of this case against D, E, F, and G is admissible. Even if the electronic information of this case is not admissible, the police statements or statements related to D, E, F, and G were separated from a causal relationship with the electronic information of this case, and D, E, F, and G are admissible as long as they were present at the court of the court below to prove their authenticity.

B) Each of the statements made by D, E, F, and G is consistent with its major parts and credibility.

C) Nevertheless, the lower court rendered a not-guilty verdict on all the facts charged. In so doing, the lower court erred by misapprehending the rules of evidence, misunderstanding of facts, and misapprehending of the legal doctrine.

3) Each of March 28, 2016 to H, E, E, E, F, and G.

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