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(영문) 서울고등법원 2016.02.05 2015노2347
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

Defendant

In addition, both appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person requesting an attachment order (hereinafter “Defendant”) did not have any factual contact with the victim J, as well as the misunderstanding of the violation of the rules of evidence, and the person requesting an attachment order (hereinafter “Defendant”)

Nevertheless, the court below found the above victim's statement without credibility guilty of this part of the facts charged.

2) The sentence of the lower court’s improper sentencing is too unreasonable.

B. According to each evidence submitted by the prosecutor 1), the fact that the Defendant had sexual intercourse with the victim I on September 201, 2012, the date and time indicated in this part of the facts charged, is sufficiently recognized.

Nevertheless, the court below rejected the credibility of the above victim's statement that conforms to the above facts charged and sentenced not guilty of this part of the facts charged.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of the facts and legal principles, the lower court determined that, in light of the circumstances acknowledged by each evidence duly adopted and investigated, the Defendant made a statement to the effect that the Defendant had a defect in the sexual intercourse, such as the victim J, etc., and attempted to become aware of the victim, as stated in paragraph (4) of the crime of the lower judgment.

In light of the circumstances acknowledged by the lower court and the following circumstances acknowledged by the first instance court based on the evidence duly adopted and examined by the lower court, the lower court’s acknowledgement and determination of the above facts are justifiable, and there were errors as alleged by the Defendant.

subsection (b) of this section.

This part of the defendant's assertion is without merit.

① The lower court, after directly reporting and observing the form and attitude of making a statement at the time of making a statement by examining the victim J as a witness, consistency, clarity, and accuracy of the statement, has credibility of the above witness’s statement.

The victim has been judged, and this is reliable.

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