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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2016.09.07 2016노449
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the victim only stated that he was the mother of the defendant, and the above statement alone cannot be viewed as the defendant's chest as stated in the facts charged.

In addition, according to the fact that the physical contact may inevitably occur in the course of MRI shooting, there is a possibility that the victim made an exaggeration of such physical contact, and the victim made a false statement, such as the victim's statement about the person who instructed him/her as the defendant at the police station, but the prosecutor stated that he/she was a nurse at the police station, etc., the facts charged in this case cannot be deemed as proved without any reasonable doubt.

Nevertheless, the lower court convicted the Defendant of the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine.

2. The lower court determined that the Defendant guilty of the facts charged on the ground that the victim’s statement was sufficiently found in light of the following circumstances: (a) the victim’s statement was generally specific, reasonable, and the display of the victim’s appraisal led to the rushness of its credibility; and (b) the victim’s statement showed that the victim resisted the Defendant’s indecent act

If the victim first seen the defendant at the time of the instant case, and there seems to be no motive for the defendant to make a statement by processing false facts, and there seems to be no other motive for the defendant to make a statement, and the victim's statement merely wishes to punish the defendant, and the victim's statement is consistent with the essential part concerning the crime and stated differently the minor part concerning the crime, and the credibility of the statement is not dismissed, the judgment of the court below finding the defendant guilty of the facts charged in the instant case is just and acceptable. In so doing, the defendant's statement is justified.

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