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(영문) 서울고등법원 2017.09.14 2017노825
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal: The victim of mistake in fact has consistently participated in the indecent act A by the Defendants.

Since the Defendants were also identified as the perpetrator from the time they first speaked to their mother, they are credibility in their statements.

In light of the fact that the victim is still under 12 years of age and 5 months have passed after the case was commenced, the credibility of the statement is not dismissed merely because part of the statement is not clear.

In addition, at the time of the police investigation, A was also involved in the defendant's mother at the time of the police investigation, and only he was the perpetrator and detained.

Since the statement was made, and the person is already led to confession and punished, there is no incentive to make a false statement.

Therefore, A's statements are also reliable.

And each statement of O, I, and N is supported by each statement of the victim and A.

Even though the court below found the Defendants not guilty of the facts charged, there is an error of law that affected the conclusion of the judgment.

2. According to the evidence adopted and examined by the lower court, the part of innocence was 3.C. of the reasoning of the lower judgment.

Various circumstances recognized in this paragraph are justified and acceptable, and the following circumstances may be additionally recognized:

In light of these circumstances, the evidence submitted by the prosecutor alone that the Defendants conspired with A and I to commit an indecent act against the victim as stated in the facts charged.

It is insufficient to recognize it.

Therefore, prosecutor's assertion is without merit.

① In the statement drawn up by the victim around August 2015, “A” was called “A” and at that time Defendant C displayed her Handphones with the Defendant’s Handphones and carried her handphones.”

In the event of sexual violence, the defendant C's Handphones and the defendant C's handphones were sent.

“The record of evidence 472 pages). However, the victim, as a witness at the court of original instance, enters the warehouse.

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