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(영문) 서울중앙지방법원 2019.02.14 2018노2117
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act by deceiving D’s her butt will in a restaurant.

B. Although the Defendant’s drinking alcohol in “C” was written in a toilet, the Defendant’s act of indecent act against whom the Defendant committed an indecent act was not possible because there was no other than the Defendant in the toilet at the time.

C. Nevertheless, the court below erred by misapprehending the legal principles as to the facts charged of this case.

2. Determination

A. In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court of first instance shall assess the credibility of the statement, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is taking an oath before a judge, and the separation of the statement, and the fact that the witness's statement made by the witness, including the victim, are consistent with the facts charged, and shall not be dismissed without permission, unless there is any separate reliable evidence that may reasonably lack credibility, in light of the victim's objective view and it conforms to the facts charged (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). Meanwhile, in light of the contents of the judgment of first instance and the evidence evidence duly examined by the court of first instance, the court of first instance should have determined the credibility of the witness's statement made by the court of first instance and the evidence examination conducted by the court of first instance, and where it is clearly acknowledged that the witness's statement made by the court of first instance was credibility.

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