성폭력 범죄에서 피해자 진술의 이해 - ‘2018고합75 판결’과 ‘2018노2354 판결’ 이슈를 중심으로 -

In most cases, sex crimes are reconstructed into cases by victims' statements. It will collect relevant circumstantial evidence and, if possible, try to secure direct evidence such as witnesses or video data. Regarding the overall investigation of evidence, the nation's criminal procedure law and rules stipulate that 'evidence without reasonable doubt' must be made for a conviction. At this time, the collection of evidence should be conducted in due process, and only a relevant evidence investigation should be conducted. Despite the proposed standards relating to this investigation, the investigation of the victim's statement has been a subject of much discussion. That method of judgment and the court's logic of judgment have been raised a lot. Due to this problem, many say that the previous rulings on sex crimes have been understood and concluded in a way that is quite incorrect to women. In sex crimes that are forced to rely on victim statements, both parties' claims appear to be a conflict of acute constitutional values, and the content of the relative oppression and sympathy that arise here is a matter that should be concluded without sufficient objective evidence. At this time, we cannot help but consider the principle of supplementation of criminal law that criminal law should not be applied too broadly. In this sense, we should not simply turn the principle of ‘to the benefit of the defendant in doubt’ into ‘to the benefit of the victim’. Real life is rather complicated and difficult to conclude, so there may be more unpredictable struggles about what the truth is. It is time for more debate and more specific standards to judge and evaluate the credibility of victims' statements in sex crimes.