(영문) 대구지방법원 2016.05.27 2015노2314 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2016.05.27 2015노2314

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal does not contain any indecent act by taking the victim’s negative part in his hand as stated in the facts charged of this case, or assaulting the victim’s head in light of such act.

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. Determination

A. In light of the spirit of substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, the first instance judgment on the credibility of the statement made by the first instance trial witness was clearly erroneous.

Unless there are special circumstances to view that maintaining the first instance court's decision on the credibility of the statement made by a witness of the first instance court is clearly unfair, or in full view of the results of the first instance court's examination and the results of the additional examination of evidence conducted until the closing of the appellate court's oral proceedings, the appellate court shall respect the judgment on the credibility of the statement made by the witness of the first instance court (see Supreme Court Decision 2006Do4994, Nov. 24, 2006, etc.). (b) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim at the time of the police investigation and the prosecutor's office "I am only after the defendant was frighten, the defendant's opinion, etc., and whether I am "I am only under the woman's bottom while I am only after the defendant was fright."

“At the time you see the Defendant’s words, you do not see any word, and you see the left head of the lower left side once.

“(Evidence No. 12,93)” was stated as “(Evidence No. 12,93)”, and in the Prosecutor’s Office, “The other customers were not only at the time the Defendant passes.”

“(Evidence No. 94 of the Evidence Records)” and “Defendant was limited to once as the Defendant sleeps with a bad hand.”

Since there was no other person around the confirmation and the defendant appears to pass by the next side, the defendant made such confirmation.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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