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(영문) 부산지방법원 2015.08.21 2015노1765

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal in this case is consistent with this, and the facts charged in this case have proved sufficient evidence that there was a consistent statement of victim D and witness E. However, the court below acquitted the victim and E on the ground that the statement of victim E is not reliable. The judgment of the court below is erroneous in the misapprehension of legal principles.

2. The lower court, on the following grounds, determined that each of the statements of the victim and E cannot be deemed as proved by the facts charged of the instant case.

① The victim made a statement that the Defendant committed an indecent act on the bus of this case, but reversed this and reversed the statement that he committed an indecent act on the part of the victim.

The victim reversed the statement after the defendant's execution and on-site inspection, and even though the victim was committed several indecent acts during the long time, it is difficult to understand that the victim is unable to properly memory what he/she committed an indecent act in a certain state.

② Although the Defendant stated that he committed an indecent act against the victim in the state of his seat, it seems impossible for the Defendant to commit an indecent act against the victim in the structure of the bus of this case.

③ A witness F, G, H, etc. of the lower court stated that there was no witness to an indecent act by the Defendant except for E from among the persons aboard the bus at the time of the instant case, and that the Defendant moved in several buses, unlike the statements of the victim and E, the witness F, G, and H et al. of the lower court would be one time to walk the bus articles that

Based on the above reasoning of the judgment of the court below, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, the victim took part in the defendant's life since the defendant was her life, in connection with the process of the complaint, and the defendant stated that he had caused a malicious complaint about four months since the same time as the defendant made a malicious complaint with respect to himself, and the victim of the case occurred.