(영문) 창원지방법원 2019.05.23 2018노3078 | 리걸엔진

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자간(%)

(영문) 창원지방법원 2019.05.23 2018노3078

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, such as the victim’s statement that there was no possibility of confusion as to a criminal because he was put in the Defendant’s arms immediately after having committed an indecent act in the summary of the grounds for appeal, and that the Defendant was also guilty of the facts charged, the lower court erred by misapprehending the legal doctrine on admissibility of evidence of the statement in full text, and thereby acquitted the facts charged in this case.

2. The lower court found the Defendant not guilty of the instant facts charged on the ground that, as indicated in its reasoning, the statement or statement documents that the Defendant led to the commission of a crime are inadmissible, and C is a very booming place where the customer booms and booms on-and-off between the moment and the moment-off, even if the victim was found to have immediately returned to the lower court, it could be confused with the person in a timely manner.

In light of the circumstances in the reasoning of the court below, which is acknowledged by the evidence duly adopted and examined by the court below, the defendant seems to have been in a state of exploitation as much as the stories did not pass through or it was impossible to properly sign a voluntary behavior (see, e.g., Articles 6, 81, and 83 of the evidence record) at the time of the case. The court below's original statement that the defendant recognized a criminal act is inadmissible as it is difficult to recognize the unique circumstances under Article 316 (1) of the Criminal Procedure Act, like the victim's statement to the same purport, and the judgment of the court below should be respected as to the credibility of the court's original statement in accordance with the spirit of the substantial direct cross-examination, and there is no error of law by mistake of facts or misapprehension of legal principles as argued by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is justified.

참조조문

-형사소송법 제316조 제1항

유사 판례

-창원지방법원 2018.12.12 2018고정481

-대법원 1981. 7. 7. 선고 81도1282 판결

-서울동부지방법원 2020.08.21 2019노1315

-대구지방법원 2014.01.23 2013노2586

-대전지방법원 2017.01.25 2016노2002