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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전고등법원 2020.10.16 2019노473
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)
Text

The defendant's appeal is dismissed.

Reasons

1. Erroring the gist of grounds for appeal or misunderstanding the legal principles: The defendant has no sexual intercourse with the victim by force.

Nevertheless, the court below found the defendant guilty of sexual intercourse with the victim who has no credibility or credibility, based on the suspect's protocol of interrogation of the defendant against the defendant who has no credibility or admissibility or credibility, and thus has committed sexual intercourse with the victim who has mental disorder by force. In this case, the court below erred by misunderstanding of facts or misunderstanding of legal principles.

2. Determination

A. As to the credibility of the victim’s statement, the lower court also asserted in the lower court that the victim’s statement was not reliable, and that this part of the grounds for appeal was the same, and the lower court determined that the victim’s statement was credibility by taking into account the following circumstances acknowledged by the evidence adopted and investigated:

1. The victim made a statement without clarifying accurately the date and time of the crime due to the intellectual disability, but he/she used the words known to him/her and explained the damage to him/her.

The victim’s statement contains a number of statements that can not be made without direct experience, such as the previous and previous circumstances, the specific and clear contents of the major statements, including the victim’s actions and remarks, the victim’s response to such statements, and the victim’s psychological and emotional condition. There are no parts inconsistent with the empirical rule or logical rules, and there is no circumstance to deem that the victim’s statement was made from outside that the truth of the victim’s statement can be distorted. It is difficult to find out any circumstance to deem that the victim’s statement was made, such as the victim’s response and memory, or the part that he/she does not know is naturally recognized, as a whole.

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