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(영문) 수원지방법원 2019.06.13 2018노5800

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant committed an indecent act by inserting knife the victim's shoulder at the time and place of the charge, and there is no fact that the victim's knife and knife knife knife

A witness of the F at the time, the defendant testified that he/she gets the shoulder of the victim, and each statement of the victim and E against this is not reliable.

Nevertheless, the judgment of the court below that found the defendant guilty of the facts charged of this case that the defendant committed an indecent act by putting the victim's kniff with his knife on the ground of the victim's statement.

2. When comprehensively considering the results of the first instance court’s examination and the results of the further examination of evidence conducted by the time of closing argument in the appellate court from the perspective of the principle of court-oriented trial, the appellate court should not reverse without permission the first instance court’s decision as to the credibility of the statement made by a witness of the first instance, unless there are exceptional cases deemed significantly unfair to maintain the first instance court’s decision on the credibility of the statement made by the witness of the first instance court (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010). The Defendant asserted the same purport as the grounds for appeal in the lower court. The lower court rejected the Defendant’s assertion in detail while explaining the grounds for the judgment at the bottom of the evidence of the lower court, and

Examining the above judgment of the court below in light of the above legal principles, a thorough comparison of the evidence duly adopted and examined by the court below, the court below's findings of fact and determination that the defendant committed an indecent act by using the victim's hurf as a means of using the victim's hurf with the credibility in each legal statement of the victim and E of the victim's witness and E, are justified. The court below's determination is just and it also examined the witness M's legal statement.