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(영문) 서울중앙지방법원 2018.08.16 2018노147
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the defendant's appeal grounds is that G's statement is due to evidence that corresponds to the fact that the defendant committed an indecent act against G. Although G's statement does not have any credibility, the court below erred by misapprehending the legal principles on the rules of evidence and thereby finding the defendant guilty on the basis of G's statement without any other evidence.

2. Comprehensively taking account of the evidence duly admitted and examined by the court below, the court below's judgment that found the defendant guilty of the facts charged of this case is just and there is no error of law by misunderstanding the legal principles as to the rules of evidence, thereby finding the

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall evaluate the credibility of the statements, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness who is going to make a statement in the open court after being sworn before a judge, and the pen of the statement, and the fact that the statement made by the witness, including the victim, is consistent and consistent with the facts charged, unless there is any separate evidence that objectively sees the credibility of the statements made by the witness objectively and objectively, it shall not be rejected (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). Based on the above legal principles, examining the statements made by the victim G based on the above legal principles, it is somewhat inaccurate about the situation before and after the prosecution, and there is a difference between the defendant and the defendant's indecent act after driving the vehicle within the parking lot.

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