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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구고등법원 2013.05.15 2012노742
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간등)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles was found guilty of the facts charged in this case on the basis of the victim’s statement that was not reliable unless the victim committed an indecent act. The lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (three years of imprisonment) is too unreasonable.

B. The lower court’s sentence is too uneasible and unreasonable.

2. Judgment on misconception of facts or misapprehension of legal principles

A. In determining the credibility of a statement made by a child victimized by a sex offense who has been submitted as evidence of relevant legal principles, it shall be examined whether the child has made a statement of damage by his/her guardian, etc. or that the child has voluntarily been notified of the fact of damage by finding the circumstance when the child first made the statement of damage at an investigative agency after examining the proviso, and considering the fact that there is a strong crypology by the questioner and that there is a possibility that the child might be confused with the situation and reality or that the source of memory is unlikely to be properly perceived after the occurrence of the case, the guardian or investigator who first heard the fact of the child’s damage in the course of the process of making the statement after the occurrence of the case may not cause any harm to the child’s memory by providing the child with information other than facts or inducing a specific answer through repeated interrogation, etc., whether the child’s statement was made by the questioner at the time of making the statement, and what kind of statements made in the court should be examined, and also the contents of the statement in an investigative agency are consistent and consistent.

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