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(영문) 서울남부지방법원 2019.09.26 2018노112
강제추행등
Text

The judgment below

The remainder of March 9, 2016, excluding the attempted indecent act by force, is reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The judgment of the court below which rejected the credibility of the statements made by the victims in a consistent and concrete manner, and acquitted all of the facts charged in this case, is erroneous in the misapprehension of facts.

2. Determination

A. The summary of the facts charged in the instant case is that the Defendant attempted to commit an indecent act or indecent act against the victim F (a false name, hereinafter the same shall apply), E, or G, the nurse of the instant hospital, who was hospitalized in B Hospital as a patient.

B. In determining the credibility of a victim’s statement, etc. supporting the facts charged, the relevant court shall assess the credibility of the statement, as well as whether the content of the statement conforms to the rationality, logic, and empirical rule, evidence, or third party’s statement, and whether the statement conforms to the witness’s statement before and after oath of a judge, such as the appearance or attitude of the witness who is going to the witness statement in the open court, and the penuation of the statement, and other circumstances that make it difficult to record in the witness examination protocol, after being taken an oath before and after being taken a judge. In a case where the victim’s statements, including the victim, are generally consistent and consistent with the facts charged, the court shall not reject such statement without any separate evidence that can reasonably deem credibility difficult (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2015Do7423, Nov. 12, 2015).

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