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(영문) 대구지방법원 2018.04.13 2017노5131
상해등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

3. Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not guilty of inflicting an injury on the victim or committing an indecent act against the victim.

The judgment of the court below which found the defendant guilty of the facts charged in this case on the grounds of the statements of the victim and witness H without credibility is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court to the Defendant (one year and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. In the lower court, the Defendant also asserted the same as the grounds for appeal on this part, and the lower court acknowledged the credibility of the victim’s statement on the following grounds that can be known from the evidence duly adopted and investigated, and found the Defendant guilty of the instant facts charged.

① The credibility of the victim’s statement is recognized relatively consistent from the investigative agency to the court of the court below (the victim sought from the police station on the day of the instant case to undergo an investigation by female police officers, and thereafter, at the time of the police station’s statement, the victim stated to the effect that “the victim was fluored with the victim’s chest,” and thus, it is recognized that the victim’s statement was sufficiently consistent with the victim’s statement about the facts of indecent act injury. As such, H has consistently stated in the investigative agency and the court of the court below to the effect that “I have taken off immediately after receiving a multi-level call from the damaged person, and reported to the police at the time when the victim was fluord with the victim’s statement, etc.”

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