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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]
Summary
[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
Prev Supreme Court en banc Decision 2019Do14770 Decided August 27, 2020 ¡¼Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) [Partly Acknowledged Name of Crime: Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Breach of Trust)]; Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); Breach of Trust¡½
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