(영문) 광주고등법원 2018.12.13 2018노270 | 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) 광주고등법원 2018.12.13 2018노270

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted in the summary of the grounds of appeal, although the court below acknowledged that the defendant committed an indecent act against the victim, the court below committed an indecent act against the victim on the date stated in the

It is difficult to conclude that the statement of the victim is not reliable, and the charges of this case were acquitted.

Therefore, the court below erred by misapprehending the legal principles and affecting the conclusion of the judgment.

2. In a case where there are no new objective grounds that could affect the formation of evidence in the course of the appellate trial’s trial, and there are no reasonable grounds to believe that the determination of evidence in the first instance was clearly erroneous, or that the argument leading to the acknowledgement of facts was remarkably unfair due to the violation of logical and empirical rules, etc., the determination on the recognition of facts in the first instance deliberation shall not be allowed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). The lower court proven that the evidence submitted by the prosecutor based on the detailed circumstances in the item of “2. Determination” in the said judgment was proven without reasonable doubt that the Defendant committed an indecent act by the victim.

It is difficult to see

In light of the facts charged, the lower court acquitted the instant charges.

In this part of the judgment of the court below, there is no reasonable reason to deem that the judgment of the court below was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair due to the violation of logical and empirical rules.

In addition, there is no new objective reason to affect the formation of evidence in the trial process of one court.

The above judgment of the court below is just and there is no error of misconception of facts as alleged by the prosecutor.

We do not accept the prosecutor's assertion.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

참조판례

-대법원 2017. 3. 22. 선고 2016도18031 판결

유사 판례

-광주고등법원 2018.01.25 2017노435

-광주고등법원 2017.06.01 2017노46

-광주고등법원 2017.11.23 2017노207

-광주고등법원 2018.07.05 2018노33

-광주고등법원 2017.07.06 2017노235