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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2019.01.17 2018노2474
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

. In the case of a victim’s statement, the victim, at the risk of criminal punishment of his/her guardian with knowledge of the absence of physical evidence or direct witness, does not clearly reveal his/her motive or reason to make such a statement, and if the contents of the statement are factual, specific, consistent, and without any inconsistency in light of the empirical rule, the credibility of the statement should not be rejected without any special reason (see, e.g., Supreme Court Decision 2006Do3830, Oct. 26, 2006). According to the evidence duly adopted at the original court including X Center stenographic records, the victim stated that “I am late from the third grade of the elementary school, I am son, I am son, I am son, and I am son, I am son, I am son, I am son, I am son, I am son, and I am am out of her body, I am son, I am am son, I am tell * I son, I am. I am am.

In addition, the victim made a relatively consistent statement about the date, place, method, and circumstances before and after the crime in 2013, and the motive or reason to make such a statement is not peeped.

Therefore, the victim's statement is sufficient to be reliable.

Therefore, the part of the facts charged that the defendant raped the victim during the first semester in 2013.

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