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(영문) 서울고등법원 2015.08.28 2015노1704
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not err by mistake or by misapprehending the legal doctrine, such as the facts charged in the instant case.

The victim's statement is not consistent or reversed, and it is difficult to believe that some of the statements were made after about one year and seven months from the date of the crime. The victim's words that are not good between the defendant and the defendant and the victim's mother in divorce litigation are affected by the defendant's and the victim's false statement.

Nevertheless, the judgment of the court below which found the defendant guilty on the basis of the statement of the victim without credibility is erroneous in the misapprehension of legal principles and misconception of facts.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant at the lower court also asserted similar to this part of the grounds for appeal.

In regard to this, the court below's decision on the argument of the accused and the defense counsel in the part of the judgment, taking into account the fact that when determining the credibility of the statement made by the accused and the accused of sexual indecent acts submitted as evidence in the investigation agency, the child is strong crypology by the questioner, confusion about the circumstances and reality, or the source of memory is unlikely to be properly perceived, the child's age is how much the child is, how much the above statement was made after the lapse of the time of the occurrence of the case, and how the statement was made after the occurrence of the case, and whether there was no room for the guardian or the investigator who first heard the fact of the child's damage in the course of the process of the occurrence of the case to the point where the statement was made after the occurrence of the case, to lead the child to a specific answer by providing information that is not facts, or by repeated interrogation, etc., that may be mistaken as at

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