강제추행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding the facts) is that the Defendant committed an indecent act by force against the victim by deceiving the victim's buckbucks as stated in the judgment below.
2. 1) In light of the difference between the method of evaluating the credibility of the first instance court and the appellate court based on the spirit of substantial direct deliberation, the first instance judgment was clearly erroneous in its determination as to the credibility of the statement made by the witness of the first instance court in light of the content of the first instance judgment and the evidence duly examined in the first instance court.
Except in exceptional cases where it is deemed significantly unfair to maintain the first instance judgment on the credibility of a statement made by a witness of the first instance court by taking account of the results of the first instance examination and the results of the further examination of evidence conducted not later than the closing of pleadings, the appellate court shall respect the first instance judgment on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2008Do7917, Jan. 30, 2009). (ii) The lower court, after directly summoning the victim, G and E as a witness, may believe the above witness’s statement after questioning the victim, G and E.
Based on the judgment of the court below, the charges of this case were convicted.
Examining the following circumstances acknowledged by the evidence duly admitted and examined by the court below in light of the legal principles as seen earlier, the victim, G, and E are credibility in each of the statements.
In light of the above, the judgment of the court below that found the defendant guilty of the facts charged of this case is just, and there is no error of law as alleged by the defendant.
In contrast to this, the statement of the court below witness I alone does not obstruct the recognition of the above criminal facts, and there is no other evidence to reverse it.
The defendant's assertion of mistake is without merit.
(1) A victim has made a consistent statement from an investigative agency to the court of original trial on the facts of damage, the circumstances of the case, and the situation before and after the trial.