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(영문) 춘천지방법원 2017.05.17 2016노462
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: although the defendant had a kis with the victim on the date stated in the decision of the court below, it is not forced, but there is no fact that her k's k's k's k's k's k's t

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in the misapprehension of legal principle.

2. Determination

A. Although the lower court also asserted the same purport as the grounds for appeal, the lower court rejected the Defendant’s assertion on the following grounds, comprehensively admitted and examined the evidence.

① According to the victim’s consistent statement, even though the victim refused at the time to see “no speech” while pushing the Defendant, the Defendant may recognize the fact that the victimized person was sexually indecent by her tam while kiding the victim.

② The mere fact that the witness F and G’s respective legal statements and the Defendant and his defense counsel asserted is insufficient to reverse the above recognition.

③ Although the Defendant refused to use the victim, the Defendant’s act of putting her kn's kn's kn's kn's kn's kn's kn's kn's k's

B. 1) In determining the credibility of a statement following the examination procedure conducted by the first instance court of the relevant legal doctrine, the credibility of the statement should be assessed by taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of a witness who is being sworn in the presence of a judge, and the penology of a witness who is making a statement in the open court after being sworn in the presence of a judge, and the penology of the statement.

On the other hand, the witness's statement in the first instance court under the current Criminal Procedure Act was made.

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