본문 바로가기 주메뉴로 바로가기
All
TITLE Supreme Court Decision 2020Do6965, 2020Jeondo74 Decided August 20, 2020 【Violation 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】 [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 【Violation 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】
Next Supreme Court Decision 2017Du44084 Decided August 20, 2020 【Revocation of Disposition Notifying Income Amount Change】
219 Seocho-daero,Seocho-gu,Seoul 06590,Republic of Korea 02-3480-1100