(영문) 서울고등법원 2020.06.04 2020노422 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.06.04 2020노422

강제추행등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (as to the guilty part of the lower judgment), the Defendant is guilty of the facts charged concerning the guilty part of the lower judgment (hereinafter “guilty charge”).

(2) As indicated in the judgment below, the lower court found the victim’s statement, etc., which was not consistent with objective facts, as evidence, to be guilty of the facts charged, by taking the victim’s statement, etc., which was difficult to believe because the victim’s bucks, bucks, and bucks, etc., as indicated in the judgment, are too unreasonable.

B. The prosecutor (misunderstanding of facts as to the acquittal portion of the judgment of the court below) determined that the victim’s statement consistent with the facts charged as to the acquittal portion of the judgment of the court below (hereinafter “guilty charge”) is not reliable, but the victim’s statement is reliable due to consistent statements in major parts, etc., and the Defendant’s assertion is difficult to believe.

Nevertheless, the judgment of the court below which acquitted the not guilty of the facts charged is erroneous in misconception of facts.

2. Determination

A. Although the probative value of one of the evidence against the defendant's assertion of mistake of facts is left to the free judgment of the judge, such judgment shall be consistent with logical and empirical rules, and the degree of the formation of a conviction to find the defendant guilty in a criminal trial shall be such that there is no reasonable doubt. However, this does not require it to the extent of excluding all possible doubts, and rejection of evidence by causing a suspicion without reasonable grounds, which is recognized as having probative value, may not be allowed as exceeding the bounds of the principle of free evaluation of evidence. The term "reasonable doubt" mentioned in this context, not all questions and irregularities, is logical and logical.

유사 판례

-부산지방법원 2014.10.30 2014노2832

-수원지방법원 2016.10.28 2016노2665

-서울고등법원 2015.11.20 2015노2563

-대구지방법원 2020.08.20 2019노4288

-서울고등법원 2020.06.12 2020노102