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(영문) 수원지방법원 2019.10.04 2019노3854

강제추행

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant is not guilty of committing an indecent act against the victim.

Judgment

In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements made by the victim, etc., taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance, attitude, and penology of the witness who is taking an oath before a judge, and the appearance of the witness who is taking an oath before the court, and the appearance and attitude of the witness who is going to make a statement in the open court, and the appearance of the witness examination protocol, which are hard to record. In a case where the statements made by the witness, including the victim, are generally consistent and consistent with the facts charged, it shall not be rejected without any separate evidence that it is difficult to view such credibility objectively and objectively (see, e.g., Supreme Court Decision 2010Do7403, Sept. 9, 201). Furthermore, the court below’s determination on the credibility of the statements made by the victim without permission from the investigative agency to the fact-finding without permission of the victim, in light of the above legal principles.

Therefore, the defendant.