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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2014.11.14 2014노2166
성폭력범죄의처벌등에관한특례법위반(특수강제추행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts had the following facts: (a) while drinking the victim B, the victim, and three persons in the conference recorded in the facts constituting a crime in the judgment of the lower court, there is no fact that the victim, together with B, committed indecent act by force.

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

2. Determination

A. 1) The judgment of the court below also asserted the same purport as this part of the grounds for appeal. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the court below determined that the victim’s statement, which corresponds to the facts charged in the instant case, is reliable, directly evidence, and that the above victim’s statement could sufficiently recognize the facts charged in the instant case. ① The victim has consistently stated the situation at the time of the damage in the instant case, the methods of responding to the victim, and the core contents of the damage, such as the horses and behaviors of the Defendant and the Defendant, and there is no specific and unreasonable or unreasonable statement. In full view of the attitude of the victim who falls under the statement in the court of the court below, it does not seem that the victim did not have made a false statement. The victim’s statement on the detailed contents or scarcity, is inconsistent, and the victim’s statement on the surrounding facts (such as the situation of the victim’s entry into the teleel, which is a place where the damage was inflicted, but the credibility of the victim’s statement can not be rejected solely on the circumstances.

2. The victim reported to the police immediately after the damage, and as stated in the judgment, B bears the negative records of the victim as stated in the crime.

I stated that he had made a statement.

There is no special doubt about the circumstances of this case, and the victim is 4 million won from the defendant B.

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