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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2020.12.16 2020노435
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

but for three years from the date this judgment becomes final and conclusive.

Reasons

1. In light of the gist of the grounds for appeal: (a) the Defendant’s partial confession, the statement made by the victim and the victim’s parents, the details of the 112 declaration, and the situation at the time, etc., the fact that the Defendant delivered the victim’s ship and chest can be acknowledged; and (b) even if the Defendant was only selling the victim’s arms, the lower court erred by misapprehending the fact that the Defendant was not guilty of the facts charged in this case.

2. Determination

A. The lower court found the Defendant not guilty of the facts charged in the instant case on the grounds that the Defendant cannot be deemed to have taken the part and chest of the victim, and further, the Defendant’s act of taking the victim’s arms does not constitute an indecent act.

1) Whether the Defendant has consistently denied the facts charged, ② The contents of the written statement submitted to the police by the victim are sufficiently detailed or specific to the extent that the Defendant can recognize the fact that the Defendant had delivered the victim’s chest and the ship, ③ the mother of the victim was notified of the Defendant’s assertion and specified the victim’s statement concerning the part of the body that the Defendant was living together by the Defendant, ③ the victim’s parent E and F were not likely to accurately witness the actual damage situation under the circumstances at the time, and there is no other investigation into the victim. As such, it is doubtful whether the victim did not conduct another investigation on the victim, E and F clearly distinguish the part of the victim’s body contact with the chest at the time, and it is difficult to view that each statement made by the victim, F, and E was sufficiently reliable to the extent that the Defendant could be found to have rejected the Defendant’s assertion of innocence and without reasonable doubt, and there was no evidence to acknowledge that the Defendant committed an indecent act by the victim and the mother of the victim.

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