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(영문) 서울고등법원 2015.07.10 2015노1425
준유사강간
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the agreement with the victim, the Defendant made sexual contacts.

Nevertheless, the lower court found the Defendant guilty of reliance on the statements of the victim without credibility.

In addition, the defendant's act does not constitute assault or intimidation of the crime of indecent act by compulsion.

B. The lower court’s sentence of unreasonable sentencing is too unreasonable.

2. Determination

A. 1) In light of the difference between the first instance court and the appellate court’s method of assessing the credibility of a statement made by a witness of the first instance in light of the contents of the first instance judgment and the evidence duly examined in the first instance court, unless there exist special circumstances to deem that the first instance court clearly erred in its determination on the credibility of a statement made by a witness of the first instance in light of the contents of the first instance judgment and the evidence evidence duly examined in the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance is considerably unreasonable considering the result of the first instance court’s examination and the result of additional evidence examination conducted until the closing of arguments in the appellate court, the appellate court shall not reverse the first instance court’s determination on the credibility of a statement made by a witness of the first instance solely on the ground that the first instance court’s determination on the credibility of a statement made by a witness of the first instance court differs from the appellate court’s determination (Supreme Court Decision 2010Do3846, Jun. 24, 2010).

On the other hand, the court below's duly adopted and examined evidence is closely examined, and it is deemed that the judgment of the court below that recognized the credibility of the victim's statement is significantly unfair.

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