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(영문) 수원고등법원 2021.01.21 2020노576
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (misunderstanding of facts and legal principles) is that the defendant only engaged in his/her business in good faith and did not commit an indecent act against the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged in this case by reliance on the victim's statement that falls short of credibility, is erroneous in the misapprehension of legal principles, which affected

Judgment

When determining the credibility of a statement made by an indecent act committed by a child submitted as evidence at an investigative agency, considering the fact that the child’s age is strong and is likely to confuse the situation and reality of the child, or to not properly recognize the source of memory, the child’s age should be examined; how much the child’s statement was made after the occurrence of the case; how much the guardian or investigator who heard the first damage to the child during the process of the occurrence of the case until the statement was made; whether there is room to bring about a change in the child memory by providing information that is not a fact-finding with a biased prejudice or inducing a specific answer through repeated newspapers, etc.; whether the question is not repeated at the time of the statement; whether the child’s statement was affected by the question at the time of the interview; whether the child’s statement was made by the interviewee; and what statement was made in the court should also be examined; and whether the content of the statement should also be also consistent with the investigation agency; and whether there is a detailed description of 201 or more of the content of the case’s statement;

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