(영문) 서울고등법원 2015.02.06 2014노3340 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.02.06 2014노3340

강제추행미수등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Unlike the victim's statement about the appearance of the offender, the Defendant and the respondent for the attachment order (hereinafter referred to as the "Defendant") found the victim's statement guilty on the ground that the victim's statement cannot be believed, in light of the following: (a) unlike the victim's statement about the appearance of the offender, the victim dices a large amount of alcohol on the day of the instant case; (b) the victim did not dice; and (c) he did not have a brand spats described in the police; and (d) the brand spats described in the

B. The sentence of imprisonment (one year of imprisonment) imposed by the court below on the defendant is too unreasonable.

C. It is unreasonable that the lower court ordered the Defendant to disclose or notify (three years) of the disclosure or notification order.

It is improper that the court below ordered the defendant to attach an electronic device (three years).

2. Determination

A. 1) As to the assertion of mistake of facts, the Defendant led to the confession of the lower court to the prosecution, but the lower court denied the crime from the trial. In determining the credibility of confession, the determination should take into account all the circumstances, including (i) whether the content of the confession’s statement itself has an objective rationality, (ii) the motive or reason behind the confession, (iii) how the confession led to the confession, and (iv) whether there is any conflict or inconsistency with the confession among circumstantial evidence other than the confession (see, e.g., Supreme Court Decisions 2011Do6497, Jan. 27, 2012; 2013Do1027, Nov. 14, 2013). In this case, the circumstances revealed by each evidence adopted and investigated by the lower court, namely, the Defendant’s specific statement that was made before the instant case, (i) whether the Defendant made a victim or his victim, and (ii) how and how the Defendant followed the victim, and (iv) whether the Defendant made a statement in detail.

유사 판례

-서울고등법원 2015.04.16 2015노202

-서울고등법원 2019.11.28 2019노1967

-서울고등법원 2019.02.12 2018노3061 (1)

-서울고등법원 2014.12.05 2014노2928

-서울고등법원 2015.01.23 2014노3403