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(영문) 대전지방법원 2020.09.23 2019노3096
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Although the defendant did not commit an indecent act against the victim as stated in the facts charged in this case, the judgment of the court below that found him guilty of each of the statements made by the victim and witness E, the credibility of which is doubtful, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Determination on the grounds for appeal

A. In a case where the victim’s statement is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable data to deem the victim’s statement objectively acceptable and objectively, and in a case where the victim’s statement is consistent with the major part of the statement, the victim’s statement shall not be readily denied the credibility of the statement solely on the ground that it is somewhat inconsistent with the victim’s statement concerning other minor matters (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 207Do10728, Mar. 14, 2008). 2) When considering the difference between the court of first instance and the appellate court’s method of assessing the credibility of the statement as an element of the trial-oriented principle, the court of first instance’s determination on the credibility of the statement is clearly different from the examination of evidence conducted by the court of first instance by the time of the first instance trial’s determination on the credibility of the statement of the first instance court.

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