(영문) 대구지방법원 2016.07.15 2015노4416 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.07.15 2015노4416

강제추행

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) was not guilty of committing an indecent act against the victim.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

(2) The punishment sentenced by the lower court (ten months of imprisonment, two years of suspended execution, and 80 hours of order to attend a course) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Determination

A. (1) Determination of the Defendant’s assertion of mistake of facts was clearly erroneous in the first instance judgment as to the credibility of the statement made by the first instance trial witness in light of the spirit of substantial direct psychological principle adopted by the Korean Criminal Procedure Act.

In light of special circumstances or the results of the first instance examination and the results of the further examination of evidence conducted by the court of first instance until the closing of oral proceedings, maintaining the first instance judgment on the credibility of the statement made by the witness of the court of first instance is not significantly unfair, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). (2) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below are consistent with the facts charged of this case, namely, ① the victim has consistently made a statement that corresponds to the facts charged of this case in the court of first instance, to the extent that it is impossible to make a statement without experience, ② G police (Evidence No. 19, 20 pages) and in the court of first instance (Evidence No. 134, Nov. 24, 2006).

D A person who has served continuously (the court records No. 142 pages).

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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