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(영문) 대전지방법원 2016.10.19 2016노998
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not commit an indecent act against the victim.

Nevertheless, the lower court found the Defendant guilty of the instant facts charged. In so determining, the lower court erred by misapprehending the legal doctrine.

2. The lower court determined that the Defendant dismissed the Defendant’s defense suit and convicted the Defendant of the instant facts charged on the ground that the victim consistently stated essential matters concerning the background of the indecent act and the situation at the time of the indecent act from the Defendant, and in light of the content and attitude of the victim’s statement, etc.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., (i) the defendant and the victim make a consistent statement concerning the situation at the time when the case occurred, and most of the defendant and the victim make a different statement about the indecent act by the defendant; (ii) it is difficult to deem that the defendant made a false statement only when the defendant made a true statement about the situation at the time when the defendant was the defendant; and (iii) the victim merely made a false statement about the fact that he was indecent act while he made a false statement about the fact at the time when the defendant was the defendant; and (iv) it does not appear that the victim was a motive or purpose to harm the defendant; and (iii) the victim's statement can be sufficiently trusted that the victim's statement was made to the investigation agency immediately after the following day without the opinion of the case separately, and therefore, the judgment of the court below that convicted the defendant as to the facts in this case is just and there is no mistake

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

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