(영문) 대구지방법원 2020.06.23 2019노4707 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2020.06.23 2019노4707

사기등

Text

The defendant's appeal is dismissed.

An application for remedy by an applicant for remedy shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found that, at the time of committing the crime, the victim B (hereinafter “victim”)’s statement and testimony were forced to commit an indecent act as described in the facts charged.

However, the victim's statement is not reliable in light of various circumstances, such as card approval time and drinking control time, and the defendant did not commit an indecent act against the victim as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment and forty hours of completion of sexual assault treatment programs) is too unreasonable.

2. Determination on the grounds for appeal

A. 1) In light of the content of the judgment of the court of first instance and the evidence duly examined by the court of first instance, if there are special circumstances to deem that the first instance judgment on the credibility of the statement made by the witness of the court of first instance was clearly erroneous, or if it is not deemed significantly unfair to maintain the first instance judgment on the credibility of the statement made by the witness of the court of first instance based on the results of the first instance examination and the results of the further examination of evidence conducted by the time of closing the argument in the appellate trial, the appellate court acknowledged the fact that the first instance judgment on the credibility of the statement made by the witness of the court of first instance is not arbitrarily followed solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the court of first instance is different from the judgment of the appellate court (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 2006; 207Do2020, May 11, 2007).

Considering the following circumstances admitted by the evidence duly admitted and investigated by the lower court, the lower court recognized the credibility of the victim’s legal statement in the lower court that corresponds to the facts charged in the instant case.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

-대법원 2007. 5. 11. 선고 2007도2020 판결

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