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(영문) 서울고등법원 (춘천) 2017.12.06 2017노115
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit any act identical to paragraphs (1) and (3) of the judgment.

B. The sentence of the lower court (seven years of imprisonment) against an unjust defendant is too unreasonable.

2. Determination

A. In a case where determining the credibility of a statement made by an investigative agency by a sexual indecent act-related child submitted as evidence as to the assertion of facts, considering the fact that the child’s age is strong enough to be affected by the questioner and that there is a possibility that confusion between the situation and the situation or the source of memory may not be properly perceived, the child’s age should be examined, how much the child’s age occurred, how much the child’s statement was made after the lapse of the time of the occurrence of the case, how the guardian or investigator who heard the first injury to the child in the course of the occurrence of the case before the occurrence of the case, and how the child’s statement was made after the occurrence of the case, could not be modified into the child memory by providing the child with information that is not true or inducing a specific answer through repeated interrogation, etc., whether the child’s statement was repeated as at the time of the statement; whether the child’s statement was affected by the question; whether the child’s statement was lawfully made in the court; whether the child’s statement was 2010 or more, and whether the content of the case’s statement is consistent with 201.

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