logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2018.08.01 2018노151
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. According to the summary of the grounds for appeal and the evidence submitted by the prosecutor including the victim’s police statement, the court below acquitted the Defendants of the above facts charged, although the Defendants could sufficiently recognize that they committed an indecent act by force as stated in the facts charged in the instant case. The court below erred by misapprehending the legal principles.

2. The collective opinion presented to the trial division on the recognition of facts in the criminal trial proceedings conducted in the form of a citizen participatory trial to enhance the democratic legitimacy and trust of the court. The collective opinion presented to the trial division is effective as a recommendation to help the judge of the court to see the fact that the jury has a full right to see the preparation of evidence and fact-finding under the principle of substantial direct trial and the principle of court-oriented trial. If the verdict of innocence, which was issued by unanimous opinion as to the admission of evidence, such as the credibility of the witness's statement and fact-finding, is adopted in conformity with the trial of the trial division, it is necessary to respect the first instance court's determination on the admission of evidence and fact-finding conducted through such procedures unless it appears sufficiently and clearly opposite to the jury's new examination of evidence through the jury verdict, in light of the purport and spirit of the principle of substantial direct trial and the principle of court-oriented trial-oriented trial-oriented trial-oriented trial-oriented, and the court below adopted the jury verdict on March 29, 2015.

It is sufficient that the judgment of the court below is clearly opposed.

arrow