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(영문) 부산고등법원 2014.11.20 2014노544
아동ㆍ청소년의성보호에관한법률위반(준강간등)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant: (b) was a victim E, D, and F, who was aware of a police officer on October 2012, and was under drinking alcohol to late at night with the victim E, D, and F; (c) was first transferred the victim E under the influence of alcohol to a small room; (d) was locked on the following day; and (e) did not have sexual intercourse with the victim E who is under the influence of alcohol (related to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape, etc.)); and (e) was unlikely to have any physical contact between the victim and the victim on October 2012; (e) there was no possibility that the Defendant’s indecent act by compulsion of the said victims.

[Relationship with the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse] Nevertheless, the judgment of the court below which convicted all of the above charges against the defendant on the grounds of the victim D and E's statements suspected of credibility, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination

A. The judgment of the court below also argued to the purport that the defendant denied each of the above facts charged and examined D and E as a witness, and the court below rejected the defendant's assertion by taking into account the evidence such as the defendant's partial statement, the police statement of each of the above victims, and the record recording of the statement about D, and found the defendant guilty of all of the charges of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (rape, etc.) against the victim E and the victim D and E against each of the crimes of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act

B. In light of the legal principle of the first instance court’s judgment and the evidence duly examined by the first instance court, the first instance court’s judgment as to the credibility of the statement made by the witness at the first instance court is obvious.

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