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(영문) 서울중앙지방법원 2013.09.25 2010노4775
성폭력범죄의처벌및피해자보호등에관한법률위반(공중밀집장소에서의추행)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: Factual misunderstanding of facts (in relation to indecent act and accusation at an open space, the Defendant did not commit an indecent act against the victim’s chest, and accordingly, submitted a written complaint to the effect that “the victim raised a false complaint without an indecent act, and the victim was innocent.” As to the injury, it is objectively true that the Defendant submitted a written complaint to the effect that “the victim raised a false complaint to the effect that the victim did not commit an indecent act.” In relation to the injury, the Defendant only made two times bucks of the victim and did not inflict an injury upon the victim by drinking the victim).

Prosecutor: Error of facts (with respect to the part not guilty, there is an illegality of misconception of facts against the rules of evidence in the first instance court's decision that rejected the credibility of each statement of the victim, L, etc., which is consistent with this part of the facts charged, and acquitted the defendant on this part), and unfair sentencing. 2. The

A. The appellate court should not arbitrarily reverse the judgment of the first instance court on each of the grounds that the first instance court’s judgment on the credibility of the testimony made by the witness in the first instance on each of the grounds of a mistake of facts differs from the judgment of the appellate court (see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012). In particular, in the case of evidence supporting the facts charged, even though the first instance court, which directly observed the appearance and attitude of the witness who directly participated in the witness’s statement while proceeding for the examination of facts, finds it difficult to believe the witness’s statement, the appellate court may reverse it and determine that the witness’s statement is only trusted, if the appellate court finds it difficult and sufficient to accept the judgment of the first instance court rejecting the credibility of the statement, and where there are considerable and sufficient circumstances to understand it.

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006). In light of the above legal principle, a witness and a victim and witness L as a witness, his/her intention to commit an indecent act, bodily injury, or indecent act in a part of his/her statements made in the court of first instance.

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