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(영문) 서울동부지방법원 2020.05.22 2019노1641

강제추행

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although the Defendant was guilty of the instant facts charged on the ground that the victim’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements by taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance and attitude of the witness who is going to make a statement in the open court after being sworn before a judge, and the penance of the statement, and the fact that the statement made by the victim, etc. conforms to the facts charged, unless there is any separate reliable evidence that can objectively be objectively deemed to lack credibility (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, where the statements made in the major part of the statements are consistent, the credibility of the statements should not be denied without permission on the sole ground that there is a little consistency in the statements made in the public court after being sworn at the presence of a judge (see, e.g., Supreme Court Decision 200Do8298, Feb. 28, 2008).

Judgment

The court below also asserted that this part of the judgment of the court below is identical to the assertion of mistake, and the court below made a decision thereon.