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(영문) 대법원 2017.09.07 2017도9440
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The term "power of force" means a force sufficient to suppress the victim's will of sexual freedom, which is neither tangible nor intangible nor intangible, and it is also possible to use the offender's social economic political status or authority as well as assault and intimidation.

In addition, whether sexual intercourse was committed by force should be determined by comprehensively taking into account various circumstances, such as the following: (a) the details and manner of the act committed against the victim; (b) the content and degree of the act committed against the victim; (c) the status of the offender who used it; (d) the type of the victim’s age; (d) the relationship before the offender and the victim; (e) the degree of violation against the victim’s bodily pressure and sexual freedom; and (e) the circumstances at the time of the crime (see Supreme Court Decision 2011Do7164, 2010Do124, Jan. 16, 201, etc.). Meanwhile, the victim was sexual intercourse with his/her relatives in the position to protect and supervise the minor himself/herself

In determining the credibility of a statement when the statement is made, if the victim, even though he/she was aware of the absence of any material evidence or direct witness in addition to his/her own statement, expresses the victim's personal injury at the risk of criminal punishment of his/her guardian, and the motive or reason to make such a statement is not clearly revealed, and the contents of his/her statement are factually specific, consistent, and are not inconsistent and unreasonable or contradictory in light of the empirical rule, there is a part in which the content of the statement appears to be somewhat ambiguous or inconsistent due to the difference in the expression.

Even if the credibility of the statement should not be rejected without any special reason (see Supreme Court Decision 2006Do3830, Oct. 26, 2006). For reasons stated in its reasoning, the lower court: (a) on August 29, 2015, on the grounds stated in its reasoning, the Defendant from 10:00 to 11.10

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