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(영문) 서울고등법원 2019.07.23 2018노3463
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant(s) has only caused the victim to return 1,00 won due to the victim's return, and there is no trace of the victim's body.

The direct evidence of the facts charged in this case is the only statement of the victim, but the victim made a statement by exaggeration of the damage, and the defendant's DNA was not detected in the case suffered by the victim at the time.

Nevertheless, the court below found the defendant guilty on the basis of the statements made by the victim without credibility. There is an error of law by misunderstanding facts, which affected the judgment.

The prosecutor (e.g., a fine of 15 million won) of the lower court is deemed to be too unhued and unfair.

The judgment of the court below on the defendant's assertion of mistake of facts also asserted the same purport as the grounds for appeal, and the court below determined that the defendant's statement was credibility in the victim's statement while explaining the following circumstances in Articles 3 and 4 of the judgment of the court below.

(1) The victim made a very detailed and detailed statement in an investigative agency about the circumstances in which the defendant was living together with the victim, the method by which the defendant was living in the victim's body, the sses and body of the victim, and the method and circumstances of the victim's escape from the defendant.

(2) No mother of the injured party may find any false statement in light of the circumstance where the injured party has made the report and the statement made by the injured party.

There is no circumstance to find out that it is remarkably unfair to maintain the judgment as it is in violation of logical and empirical rules, such as the ground for the judgment as stated by the court below, which clearly misleads the decision of the value of evidence or which leads to the fact-finding.

In full view of the following circumstances, the facts charged of this case can be fully recognized through the statement of the victim, etc., which can be recognized by the evidence duly admitted and investigated by the court below.

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