강제추행
The defendant's appeal is dismissed.
1. The gist of the grounds for appeal is that the court below which found the defendant guilty of the facts charged even though the defendant did not have committed an indecent act by force against the victim.
2. Determination
A. In light of the difference between the first instance court and the appellate court’s method of evaluating credibility in accordance with the spirit of substantial direct deliberation adopted by the Korean Criminal Procedure Act as an element of the trial-oriented principle, the first instance court’s decision and the evidence duly examined in the first instance court was clearly erroneous in the first instance court’s decision on the credibility of the statement made by the witness in the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.
Unless there are extenuating circumstances to see the credibility of the statement made by the witness of the first instance trial and the result of the further examination of evidence conducted by the court of first instance until the closing of pleadings, the appellate court should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance is different from the appellate court's judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). B. 1) The court of first instance should not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is not different from the appellate court's judgment (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). 1) The court of first instance is detailed as to the situation and before and after the injury of the witness E, and it is difficult to find the credibility and possibility of editing or editing
Based on the judgment, this part of the charges was convicted.
2) However, in light of the contents of the lower judgment and the evidence duly examined by the lower court, the lower court’s determination as to the credibility of witness E’s legal statement or victim’s joint signature-keeping was clearly erroneous, in light of the contents of the instant records and the evidence duly examined by the lower court.
shall be deemed to be.