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(영문) 서울북부지방법원 2014.12.04 2014노787
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) although the Defendant did not commit each indecent act by force as stated in the facts constituting a crime listed in paragraph (1) of the lower judgment, the lower court convicted the Defendant of this part of the charges by misunderstanding the fact that he did not have any consistency and inconsistency with each other, such as the Victim K and L with no credibility, and each statement of the victim K and L.

2. A thorough examination of the evidence duly adopted and examined by the court below, the court below acknowledged the defendant's conviction of this part of the facts charged after completing the examination of evidence by directly conducting the procedures for examining the witnesses K, L and witnesses N, and taking into account other circumstances. The court below's determination that the defendant committed each indecent act against the victim K, L and N, as stated in this part of the facts charged, is just and acceptable. Thus, the court below's determination that the defendant committed each indecent act against the victim K and L, as described in this part of the facts charged, is justified.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in the application of the law of the court below, it is clear that ‘1. The inclusion of days of pre-trial detention in the Criminal Code Article 57' is an erroneous entry. Thus, it is corrected to delete it ex officio pursuant to Article 25(1)

.

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