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(영문) 대전고등법원 2018.11.02 2018노371

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. The Defendant is not guilty of committing a crime of violating the Act on the Protection of Juveniles against Sexual Abuse against Sexual Abuse, and thus, the Defendant was forced to commit an indecent act against the victim G or H.

Nevertheless, the court below found each of the above crimes of violation of the Act on the Protection of Juveniles from Sexual Abuse to be guilty, and there is an error of misunderstanding the facts and affecting the conclusion of the judgment.

B. On December 6, 2016, the Defendant was aware of the crime of assaulting the victim F by assaulting the victim F in a discriminatory manner and assaulting the victim F with no discrimination, and there is only the dubling and dubling the dub of the victim F in the defensive vehicle against this act, and there is no fact that the victim F is taken the face of the victim F.

And the above actions by the defendant constitute a legitimate defense or legitimate act.

Nevertheless, the court below found the above crime of assault guilty, which erred by misunderstanding the fact and affected the conclusion of the judgment.

(c)

On December 7, 2016, the Defendant, while misunderstanding of the fact about the crime of assault, did not assault the victim F in excess of F, while she did the victim F with the verbal dispute with F at the time.

Nevertheless, the court below found the above crime of assault guilty, which erred by misunderstanding the fact and affected the conclusion of the judgment.

2. Determination:

A. In light of the relevant legal principles and the difference between the methods of evaluating credibility of the first instance trial and the appellate trial in accordance with the spirit of the substantial direct trial principle adopted by the Korean Criminal Procedure Act as an element of trial-oriented principle, the first instance court’s judgment and the evidence duly examined in the first instance trial, which clearly erred in the first instance court’s determination as to the credibility of the statement made by the witness of the first instance trial in light of the contents of the first instance judgment and the evidence duly examined in the first instance trial.

The statement made by the witness of the first instance court, in full view of the results of the examination of evidence by the first instance court and the results of the additional examination of evidence by the time of the closing of argument by the appellate court.