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(영문) 광주고등법원 2020.08.13 2020노38
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no mistake of fact or misapprehension of legal principle that the defendant committed a similar act with the victim, sexual intercourse, or indecent act by compulsion.

Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the remaining facts dependent on the statements of a consistent victim, thereby convicting him/her of this part of the facts charged.

B. The lower court’s sentencing is too unreasonable and unfair.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant alleged to the same effect as the argument in the grounds for appeal, and the lower court, in so doing, explained the legal doctrine on the method of determining the credibility of a statement by a child victimized by sexual indecent act, and, in full view of the following circumstances recognized by the adopted evidence, determined that the Defendant could be recognized as having committed similarity, rape, and indecent act by force, and rejected the Defendant’s assertion and convicted all of the charges charged

① From the day immediately after informing the victim around the instant act of similarity, rape and indecent act by compulsion, the victim made a concrete and clearly statement to the extent that it is difficult to express without any direct experience as to the background, date, and place of each of the above damage, situations at the time of the above damage, details of the damage, the fear of the victim, the behavior or response of the victim at the time, the specific method of each of the above crimes committed by the Defendant, and the attitude of the Defendant at the time.

In particular, the victim informed the victim immediately after the crime of indecent act by compulsion was committed, and the interview done by the child protection agency and the investigation agency, which took place two days after the occurrence of the crime, made a concrete and clear statement on each of the above facts of injury.

The details and circumstances of damage caused by the victim's statement, the place of the crime, and the defendant.

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