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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Of the instant facts charged, the lower court rendered a not-guilty verdict on the charge of indecent act against the victim C (2016 Gohap 316) among the charges of this case, and rendered a conviction on the remainder of the charges, and granted the prosecutor’s request on the part of the case regarding the attachment order.
As to this, only the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") filed an appeal against the conviction, and since the prosecutor did not file an appeal against the acquittal portion, the acquittal portion was separated and finalized as it is.
Therefore, the scope of this court's trial is limited to the conviction part of the judgment below and the attachment order case.
2. Summary of reasons for appeal;
A. The Defendant did not commit an indecent act or assault by misunderstanding of facts (related to forced indecent act and assault in the judgment of the court below) by approaching the victims on the ground that he committed an indecent act or assault.
Nevertheless, on the basis of the statements of victims without credibility, the lower court convicted all of the charges of forced indecent acts and assault (hereinafter “indecent acts, etc.”) in the judgment of the lower court. In so doing, the lower court erred by misapprehending the legal doctrine.
B. The sentencing of the lower court is too unreasonable.
3. Determination
A. The judgment of the court below as to Defendant 1’s assertion of misunderstanding of the facts as to Defendant 1’s part of the case) also asserted that the Defendant is identical to the assertion of misunderstanding of the above facts, and the court below rejected the above assertion by making a detailed statement
B) In general, in a criminal identification procedure based on the appearance, etc. of the suspect, the fact that a suspect alone presents a witness and a witness only one photograph of the suspect to verify the suspect is low due to the limitation and inaccuracy of human memory, and the possibility that the suspect may give him/her the awareness cancer that he/she is suspected of being a criminal under the specific circumstances, due to the lack of credibility.
one shall be regarded as follows.