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(영문) 부산지방법원 2017.06.23 2016노3342
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of the facts charged in this case, although the victim's chest was not guilty, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The punishment sentenced by the lower court (3 million won in punishment, and 40 hours in order to complete a sexual assault treatment program) is too unreasonable.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendant’s indecent act by force can be sufficiently recognized as recorded in the facts charged.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law by misunderstanding the facts as alleged by the defendant, and thus, the defendant's allegation of the above

① In a case where a witness’s statement, including the victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable evidence to deem the credibility of the statement objectively deemed objectively and objectively (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim, from an investigative agency to the court below, made a consistent statement on the facts of damage, the process of the case, and the situation before and after the victim’s statement, etc., to the extent that it is difficult for the victim to make a statement without experience, and there is no other circumstance to suspect the credibility of the victim’s statement.

(2) A witness who had observed a case in the next place of a victim at the time.

E also makes a consistent statement that corresponds to the overall facts charged from the investigative agency to the court of the first instance. It is difficult to find contradictions between the victim's statement and the victim's statement, and it is credibility in the statement in light of the attitude of the victim's statement in the trial court.

(3)

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