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(영문) 부산고등법원 (창원) 2017.08.09 2017노97
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The appeal of the defendant, the person who requested the attachment order and the person who requested the attachment order and the prosecutor to observe the order shall be dismissed.

Reasons

The summary of the grounds for appeal and the facts that the defendant, the person who requested the attachment order and the person who requested the attachment order and the person who requested the attachment order and the person who requested the order to observe the protective order (hereinafter referred to as the "defendant") have not committed any sexual crime as stated in the facts charged of this case against the victims.

The statements of victims are false and consistent so that credibility is not recognized.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous and adversely affected by the judgment.

The punishment sentenced by the court below to the defendant (six years of imprisonment, 80 hours of order) is too unreasonable.

The above-mentioned sentence, which the court below decided against the defendant in the part of the case of the prosecutor's defendant, is too uncomfortable and unfair.

It is improper for the court below to exempt the disclosure and notification order, in the absence of special circumstances that may not disclose or notify the personal information of the defendant who was improper to be exempted from disclosure disclosure order.

It is unreasonable for the court below to dismiss the request for the attachment order of this case and the request for the protective observation order of this case even though there is a risk that the defendant will recommit a sexual crime.

When determining the credibility of a statement made by a child victimized by sexual indecent act, which was submitted as evidence of the relevant legal principles regarding the defendant's assertion of mistake on the part of the case of the defendant, in view of the fact that the child is strong persuasion by the questioner, and that there is a possibility that confusion between the standing and reality, or that the source of memory can not be properly perceived, the child's age is how much the child's age is, how much the statement was made after the occurrence of the case, how much the child was made after the occurrence of the case, and how the statement was made after the occurrence of the case, and that the guardian or investigator who first heard the damage of the child during the process

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