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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원고등법원 2020.05.27 2019노634
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not commit an indecent act against the victim C as stated in this part of the crime.

Therefore, the judgment of the court below that found this part of the facts charged guilty is erroneous in misconception of facts.

B. The defendant of mental or physical disability stated in the summary of the grounds for appeal that "the crime of this case committed by the defendant is committed in a state of mental or physical disability" in the summary of the grounds for appeal. This part of the argument is examined.

At the time of each of the instant crimes, the Defendant had weak ability to discern things or make decisions.

C. The sentence imposed by the lower court (one year of imprisonment, etc.) is excessively unreasonable.

2. Determination

A. The lower court’s judgment on the assertion of mistake of facts was duly adopted and investigated, and the following circumstances revealed by the evidence duly admitted and investigated by the lower court, namely, ① the victim made a concrete statement at an investigative agency that “the victim made the victim’s booms against her will and her will.” (Evidence No. 47, 48),” and the victim made a consistent statement as to the circumstances that were difficult to make a statement if she did not directly experience the fact of damage, and the content of the statement appears to be reasonable and objective (Evidence No. 91, 92 pages), ② The victim’s b made a statement to the victim’s her mother on the ground that “the victim made a phone to her mother on the ground that she was under the victim’s own at the time of the instant case (Evidence No. 16, 212 pages)” (Evidence No. 16, 242 pages). The victim made the victim’s statement in detail after the instant case and made the victim’s statement to the victim’s 24.

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