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(영문) 서울동부지방법원 2015.01.22 2014노1463

강제추행

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the judgment of the court below which found the defendant guilty of the facts charged in this case on the ground that the statement of the victim who is difficult to believe is admissible as evidence even though the defendant did not commit an indecent act against the victim.

Judgment

A. 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, including 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 pencing of the statement, etc. (see, e.g., Supreme Court Decisions 2008Do7917, Jan. 30, 2009; 2004Do362, Apr. 15, 2005; 2010Do6362, Jun. 21, 2012). The court shall not dismiss the statements made by the witness, including the victim, in a case where the statements made by the witness are consistent and consistent with the facts charged, unless there is any objective evidence to deem that the statements made by the witness are objectively reliable (see, e.g., Supreme Court Decisions 2004Do36128, Jun. 28, 2012).

B. In light of the above legal principles, the following circumstances revealed by the evidence legitimately adopted and examined by the court below, namely, ① the appearance and degree of the indecent act committed by the defendant at the time of the instant case, the situation immediately after the instant indecent act, and the victim’s statement on the victim’s speech and behavior are alternatively consistent; ② the victim’s statement is specific enough that the victim’s statement is unable to make a statement without direct experience; ③ the victim resisted the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her