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(영문) 서울남부지방법원 2016.10.13 2015노1958
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court found the Defendant not guilty on the grounds that the testimony of the victim and witness F was not reliable and, rather, the testimony of the witness G, consistent with the Defendant’s argument, the lower court acquitted the Defendant.

However, in light of all the circumstances, the defendant's assertion and G's statement are low credibility, and the statements of the victim and witness F are consistent with the overall purport and are high credibility.

Therefore, the court below erred in the misapprehension of facts by erroneous interpretation of evidence.

2. Based on its stated reasoning, the lower court acquitted the victim of the facts charged of the instant case on the ground that it is difficult for the victim, the investigative agency of the witness F, and the court to reliable each of the statements in the facts charged of the instant case.

In full view of the circumstances established by the evidence duly admitted and examined by the court below, the above judgment of the court below is just and acceptable.

In addition, the court below is fully justified in holding that G's statements are reliable in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the witness at the time of the instant case as a witness in an objective position: (i) G was in a position to observe all the Defendant and the victim at the time of the instant case; (ii) G was objectively admitted in the court below; and (iii) it does not seem to have made an endeavor to make a specially favorable statement to the Defendant; and (iv) its contents are consistent.

The prosecutor's assertion of mistake is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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