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(영문) 서울고등법원 2019.08.09 2019노1248
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal doctrine) of the victims’ statement on the facts of damage are consistent and specific in the main part of the appeal, and the circumstances leading to the complaint also are natural and reasonable, and there is no circumstance to believe that the victims of the age age are the defendants and the person subject to the request to attach an attachment order (hereinafter only referred to as the defendant).

Nevertheless, the court below rejected the credibility of the victims' statements on the ground that there is a possibility that some of the victims' statements might be contaminated by contradictory or ambiguous influence, and rendered a not-guilty verdict on all the charges of this case. Thus, the court below erred by misunderstanding of facts and misunderstanding of legal principles.

2. Determination

A. A summary of the facts charged and the facts constituting the cause of the claim for the attachment order (1) are as follows: (a) the Defendant and the person subject to the request for the attachment order (limited to the Defendant) are as follows: (b) B (30) and the victim C (in the event of the crime, 12 years of age, intellectual disability Grade 3) and the victim D (in the event of the crime, 9 years of age) together with five children of the above B, including the victim D (in the event of the crime, 9 years of age) from around 2011 to April 25, 2018.

The Defendant, including the victims, committed continuous violence on the part of the children of the above B, including the victims, who were locked by drinking the Defendant 1 to 2 times a week, and the victims and the above-mentioned B, etc. who were locked, without any justifiable reason, and was dumpeded, dumping them, and dumping them with houseing, food and drinking them, or threatening them to be “the dead”. At each time, the Defendant borrowed a kne kel keling on them.

In addition, the Defendant, from November 2016 to early December 2016, 2016, abused the Defendant’s four-year-old son F (here, her 7 years of age at the time) on the ground that he/she does not listen to the horses, and committed abuse on the ground that he/she did not listen to the horses, and committed the said F on March 31, 2017.

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