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(영문) 대구고등법원 2014.02.05 2013노575
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an order to attach an electronic device (hereinafter “Defendant”) did not commit any crime as described in the instant facts charged against the victim who is one’s friendship. Nevertheless, the lower court convicted all of the instant facts charged on the basis of the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) Even if it is found that the facts charged in the instant case were guilty of unreasonable sentencing, the lower court’s imprisonment (12 years of imprisonment) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. 1) Determination of the Defendant’s assertion of mistake of facts

When determining the credibility of a statement made by an indecent act victim in the evidence at an investigative agency, considering the fact that the child's age is strong amciacy by the questioner, and that there is a possibility that confusion between the circumstances and reality, or that the source of memory can not be properly perceived, the child's age is how much the child's age is, how much the child's statement was made after the occurrence of the case, how much the child's first statement was made after the occurrence of the case, and whether there is no room for the guardian or investigator who has heard the first damage of the child during the process of the occurrence of the case to the time when the statement was made with a biased prejudice to the child's memory, or inducing a specific answer through repeated newspapers, etc., whether there is a repeated question that may be committed by the questioner at the time of the statement is not repeated.

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