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(영문) 서울북부지방법원 2015.09.24 2015노859
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal lies in the date and time indicated in the facts constituting the crime in the judgment below, and in the body of the defendant, the defendant can contact the defendant's body's hand. However, as stated in the facts constituting the crime in the judgment of the court below, both descendants were placed adjacent to the buckbucks of the defendant.

In the course of entering, the victim's bucks and mucks were put in the next part.

The part of the victim's loss, as the other part of the victim's loss, the victim's body was added in the direction of the left-hand side, and the victim's hand was collected in the part of the victim's ambucks, and then there was no indecent act against the victim in the subway which is a means of public transportation, and even though there was no intention to commit an indecent act against the defendant, the court below convicted the defendant of the facts charged in this case by misunderstanding that it was based only on the statement of the victim without credibility.

2. Determination

A. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or the first instance judgment on the credibility of the statement made by a witness of the first instance is clearly unreasonable in light of the results of the first instance examination and the results of the additional examination of evidence conducted by the time the argument in the appellate trial is concluded, the appellate court should respect the judgment on the credibility of the statement made by the witness of the first instance.

(see, e.g., Supreme Court Decision 2011Do5313, Jun. 14, 2012).

A thorough examination of the evidence duly adopted and examined by the court below based on the above legal principles, the court below directly completed the examination of evidence by undergoing the examination procedure for the victim E, etc., and then states the reasons in detail at the end of the "a summary of evidence" column of the judgment below.

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