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(영문) 서울남부지방법원 2020.02.06 2018노399
강제추행등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence of mistake of facts (public prosecutor), the Defendant’s act of indecent act by compulsion as stated in the facts charged can be acknowledged.

Nevertheless, the lower court rendered a judgment not guilty on the charge of indecent act by compulsion among the facts charged in the instant case on a different premise.

B. The Defendant was in a state of mental disorder or mental disability at the time of committing the crime.

C. The penalty (two million won) imposed by the court below on the grounds of unfair sentencing is less or less (the prosecutor).

2. Determination

A. 1) In determining the credibility of a victim’s statement supporting the facts charged, the court of law: (a) determined the credibility of the victim’s statement based on the facts charged; (b) as well as whether it complies with the reasonableness, logic, and morality of the contents of the statement itself or the rule of experience or the third party’s statement; (c) as well as the appearance or attitude of the witness who is being sworn in the open court after being sworn before a judge; and (d) whether the witness statement, such as the penlance of the statement, is reliable by directly observing various circumstances that make it difficult to record; and (d) where the victim’s statement is generally consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any other evidence that can reasonably deem that the victim’s statement conforms to the facts charged, which is objectively acceptable (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In addition, the part of the victim’s statement is consistent with the empirical rule, and is somewhat unreasonable or unreasonable.

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