(영문) 대전지방법원 2019.09.25 2018노2931 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2019.09.25 2018노2931

강제추행

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim B in the same manner as stated in each of the facts charged in the instant case at the time of the instant case, and the statement made by B and witness complying with each of the facts charged in the instant case is not reliable, and even if the Defendant committed an act identical to that written in each of the facts charged in the instant case, it cannot be readily concluded that

Therefore, the judgment of the court below which convicted each of the facts charged of this case is erroneous in misconception of facts and misapprehension of legal principles.

B. The lower court’s sentence of unreasonable sentencing (fine 300,000,000, and 40 hours’ order to complete sexual assault treatment programs) is too unreasonable.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. The lower court convicted each of the facts charged of this case on the ground that the statement of the victim and witness corresponding to each of the facts charged of this case was reliable, as stated in its reasoning.

B. 1) In a criminal trial, the conviction should be based on evidence with probative value sufficient to cause a judge to feel true beyond a reasonable doubt, and if there is no evidence to establish such a degree of conviction, even if there is no evidence, it is inevitable to determine the defendant as the interest of the defendant (see, e.g., Supreme Court Decision 9Do4305, Feb. 25, 2000). 2) In light of the above legal principles, in light of the following: (a) the defendant was tried to make a statement consistent with the facts charged in the instant case; (b) the E and F’s statements at the time of the instant case correspond to some of the statements; and (c) the defendant made a statement at the investigative agency as if they were aware of an indecent act in the instant case.

However, the court below and the defendant.

참조판례

-대법원 2000. 2. 25. 선고 99도4305 판결

유사 판례

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