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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2014.07.24 2014노335
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant has sexual intercourse with or commits an indecent act against the victim.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant guilty of all the charges of this case.

2. From the lower court to fully deny the facts charged in this case, the Defendant argued to the same effect as alleged in the grounds for appeal. Accordingly, the lower court stated in detail the judgment on the issue under the title of “determination on the Defendant and the defense counsel’s assertion” and specifically stated in the investigative agency two times at the lower court and the lower court’s court on each of the crimes in this case.

The statements of the victim on the method of crime by the defendant, the contents mentioned by the victim at the time of the crime, the timing of each crime, the situation before and after the crime, etc. are specific and consistent.

The statements of the victim contain very detailed contents that could not be made if they were not actually generated or the victim did not experience.

In particular, the victim stated in detail the physical characteristics of the defendant in the court of original instance.

In addition, considering the attitude and behavior of the victim's statement in the court of the court below, the victim's statement seems to be highly reliable.

On the other hand, the victim showed symptoms after the heart surgery, but in light of the statements of E, school records, and attitude of living within the victim's mother, it seems that there are almost little problems arising from treatment.

In addition, in light of the fact that the victim was a middle school student who had received sex education at the time of suffering from each of the damages in this case, but there was no pro-sex and there was no school record from the defendant, the victim's actions not mentioning the abnormal relationship with his father for a long time are acceptable.

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