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| TITLE | Supreme Court Decision 2020Do6965, 2020Jeondo74 Decided August 20, 2020 ¡¼Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape Through Abuse of Consanguineous or Marital Relationship); Quasi-Rape; Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act Through Abuse of Consanguineous or Marital Relationship); Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Aggravated Rape); Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Taking Photographs or Videos by Using Cameras); Electronic Device Monitoring Order¡½ [full Text] |
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[1] Method of determining the admissibility of a testimony made by the victim of sexual assault, etc. Whether the credibility of the victim¡¯s testimony can be promptly dismissed on the sole basis that the victim, who was the Defendant¡¯s biological daughter and had a family relationship with the Defendant, fails to demonstrate the characteristics of a ¡°typical victim¡± (negative) Matters to be particularly taken into consideration when determining the credibility of the victim¡¯s testimony that the said victim was sexually abused by a person in a consanguineous relationship [2] Meaning of ¡°objection to punishment,¡± a special mitigating factor in the sentencing guidelines promulgated by the Supreme Court Sentencing Commission |
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