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(영문) 대구고등법원 2013.08.21 2013노132
아동ㆍ청소년의성보호에관한법률위반(위계등간음)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is that the victim's statement is sufficiently reliable in light of the victim's age, intelligence index, content of the statement and the circumstances leading up to the statement. Rather, despite the consistent reasoning of the defendants, such as the defendants' continued reversal of the statements during the investigation process, the court below rendered a judgment of innocence against the defendants on the grounds that it is difficult to believe that the victim's statement is not reliable, and there is no other evidence to prove the facts of the crime of this case against the defendants, which affected the conclusion of the judgment.

2. Determination

A. The summary of the facts charged in the instant case and the summary of the judgment of the court below 1) The summary of the facts charged in the instant case is as follows: (a) Defendant A made the victim at his own later E house on October 6, 201, and then E was forced to leave the victim’s house at the bed; (b) raped once by force on the part of the victim’s house at the bed; and (c) Defendants B had the victim enter the Defendant’s house at the bed on December 2, 2011 at the bed of the said house; and (d) Defendant A raped the victim by force on the next order by force on the part of Defendant A; and (b) the lower court determined that the credibility of the victim’s statement could not be recognized on the premise that only the victim’s statement was the only direct evidence that conforms to the facts charged in the instant case, and on the following grounds.

① In this case, the victim was asked for sexual assault from Defendant A and other students while making a vindication in the process of confirming the content of the victim’s provoking by taking a book from the mother of the victim’s child and making a vindication of the fact in the process of the victim’s provoking, and the victim continued to be asked for sexual assault.

② The victim had been raped by Defendant A as stated in the facts charged of this case, and there was another male who Defendant A was living together at the victim’s house.

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