(영문) 인천지방법원 2017.11.10 2017노2334 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.11.10 2017노2334

강제추행등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant did not interfere with the management and operation of the victim by force as stated in the facts charged, and that he did not forcibly commit an indecent act against the victim.

2. Determination

A. In light of the content of the judgment of the first instance court and the evidence duly examined by the first instance court, the first instance judgment on the credibility of the statement made by the witness at the first instance court was clearly erroneous.

Unless there exist special circumstances to view that the first instance court’s decision on the credibility of the statement made by the witness of the first instance court is remarkably unfair, or in full view of the results of the first instance’s examination and the results of additional evidence examination conducted until the closing of oral pleadings, the appellate court may not reverse without permission the first instance judgment on the ground that the first instance judgment on the credibility of the statement made by the witness of the first instance court is different from the appellate court’s decision (see, e.g., Supreme Court Decisions 2006Do494, Nov. 24, 2006; 2007Do2020, May 11, 2007).

As stated in the facts charged in the instant case, the Defendant interfered with the management and operation of the victim’s influence by force and acknowledged the fact that the victim committed an indecent act by force.

Based on the above legal principles, a thorough examination of the judgment of the court below in comparison with the evidentiary materials, we accept the above fact finding by the court below, and there was no special circumstance to see that the judgment of the court below was clearly erroneous or considerably unfair in the court below as to the credibility of the above witness's statement in the above trial. Thus, based on the evidence, such as the statement of the victim who is reliable, the defendant interferes with the victim's work by force as stated in the facts charged in this case.

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

-대법원 2007. 5. 11. 선고 2007도2020 판결

유사 판례

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