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(영문) 춘천지방법원 2012.09.26 2012노290
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below judged that the victim's statement is not reliable, but it is sufficient to find the victim's statement more reliable since it is specific and consistent, and in full view of the evidence submitted by the prosecutor including the victim's statement, it is sufficient to find the defendant guilty of the facts charged in this case, and there is an error

2. Considering the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance court in light of the substance of the first instance judgment and the evidence duly examined by the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred in the determination of the credibility of a statement made by a witness of the first instance court in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is remarkably unfair in full view of the results of the first instance court’s examination and the results of additional evidence examination conducted until the time of closing argument in the appellate court, the appellate court shall not reverse the first instance court’s judgment on the grounds that

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006). In addition, evidence of criminal facts is presented by a prosecutor. Even if the change of the defendant's lawsuit is unreasonable and false, it cannot be disadvantageous to the defendant. The proof of criminal facts requires a judge to have high probability to the extent that there is no reasonable doubt, and if there is no evidence to form a conviction, the defendant is doubtful to be guilty.

Even the defendant.

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