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(영문) 대구고등법원 2015.07.23 2014노414
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)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 attachment order (1) - Defendant and the respondent for an attachment order (hereinafter “Defendant”)

(2) As indicated in the facts charged in the instant case, there was no rape of the victim. Nevertheless, the lower court found the victim guilty of the facts charged by reliance on 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) The lower court’s sentence of unreasonable sentencing (six years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. 1) With respect to the Defendant’s assertion of mistake of facts, direct evidence to find the Defendant guilty of the instant facts charged can be said to be the victim’s statement. Accordingly, in this case, the issue is whether “the credibility of the victim’s statement” is concerned. 2) In determining the credibility of a statement made by a sexual assault victim, submitted as evidence of relevant legal principles, considering how the child’s age is, how much the child’s statement was the child’s age, how much after the date of the occurrence of the case, how much the child’s statement was made after the time of the occurrence of the case, and how the child’s statement was first heard by the guardian or investigator who heard the facts of the child’s damage in the process of the occurrence of the case, and leading the victim to a specific answer through repeated interrogation, etc., whether there is any possibility that the victim’s statement may be distorted at the time of the statement, and whether the child’s statement was affected by his or her interview with the child, not by the question at the time of the statement, but by his or her own statement.

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