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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2020.02.13 2018노3835 (1)
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. The criminal defendant is not guilty of committing an indecent act against the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Public Place).

B. Although the Defendant did not commit an indecent act against the victim as stated in the facts charged, the victim made the victim feel the same speech as the facts charged by committing an indecent act against the Defendant as an indecent act. This does not constitute an expression of a sacrific sentiment that may undermine the social evaluation by temporarily interesteding the Defendant. Even if it constitutes an insulting expression, it constitutes legitimate self-defense or legitimate act.

2. Determination

A. 1) In determining the credibility of a victim’s statement in support of the facts charged, etc., the court of law related to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act at a public place) shall not, without permission, dismiss the victim’s statement, unless there exist any other reliable evidence to deem the credibility objectively consistent and consistent with the facts charged (see, e.g., Supreme Court Decision 201Do2631, Jun. 28, 2012) where the court below duly admitted the credibility of the victim’s statement by taking into account the following circumstances, such as the witness’s appearance and attitude, and the penance of the statement, which is the witness’s statement in the public court after being sworn in the presence of a judge, and the witness’s statement in the witness protocol, including the victim’s statement, which is difficult to be recorded in the witness protocol, based on the evidence duly admitted by the court below and the court below’s examination.

Therefore, this part of the facts charged is found guilty.

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