(영문) 서울고등법원 2019.05.03 2019노510 | 리걸엔진

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(영문) 서울고등법원 2019.05.03 2019노510

아동ㆍ청소년의성보호에관한법률위반(강제추행)

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The prosecutor's appeal is dismissed.

Reasons

1. The credibility of the victim’s statement is also acknowledged in full view of the following: (a) there was a statement by the victim who designated the Defendant as the offender; (b) the victim identified the Defendant as the offender at two to three minutes after having committed the crime; and (c) according to the escape route of the offender, it is inevitable to do so at the arrest place; and (d) there was no other male in the nearest place at the time.

In addition, the police officer E's statement that he/she made a statement to the effect that he/she led to the confession of a crime by the defendant during the performance of his/her behavior is admissible as evidence because there is no room for false intervention, and there is a circumstance that sufficiently guarantees the credibility

Nevertheless, the judgment of the court below which rejected the credibility of victim's statement and E's admissibility of evidence, and acquitted this part of the facts charged is erroneous in the misapprehension of facts.

2. Determination

A. The lower court rendered a not guilty verdict on the facts charged in this case on the grounds that it is difficult to acknowledge the credibility of the victim’s investigative agency who designated the Defendant as a criminal and the victim’s statement at the lower court’s court’s trial, and that the police officer E’s investigative agency and the statement at the lower court’s court’s trial to the intent to make a confession from the Defendant was made in a particularly reliable state, and it is not admissible, and the remaining evidence alone are insufficient to recognize that the Defendant committed indecent act by force.

1. Regarding the credibility of the statement made by the victim: ① Examining the process in which the victim was tried to identify the defendant as the offender in the vicinity of the crime place, the victim without face-to-face face-to-face face-to-face face-to-face face-face face-face face-to-face face-face face-face face-face face-face face-face face-face face-face face-face face-face face

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