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(영문) 서울중앙지방법원 2018.03.23 2017노4410
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles) Defendant did not commit an indecent act against the victim as stated in the facts charged.

In the absence of consistency and consistency, the lower court convicted the other Defendant guilty of having believed that the statement made by the injured party violated the rules of evidence, without recognizing the credibility of the statement made by the injured party.

Even if the defendant's grandchildren are in contact with the victim's her son, there was no intention to commit an indecent act against the defendant.

2. Determination

A. The lower court’s judgment: (i) the victim’s statement is consistent, specific and detailed, and cannot be found any contradictions as to the victim’s statement as to the situation at which the victim was suffering from damage; (ii) the victim’s statement is difficult to reject the credibility of the victim’s statement without any reasonable grounds; (iii) the victim’s statement, which was in the F Station, is consistent with the victim’s statement concerning the situation after the damage occurred; and (iv) the victim did not have any contact with the Defendant before the damage occurred; and (iii) the victim’s statement that was in the F Station, as the victim’s statement about the process of identifying the Defendant as the offender, was not likely to intervene in the process; and (iv) the victim’s statement that was in the F Station, was not influent with the victim’s statement about the situation after the damage occurred; and (v) there was little possibility that the victim made a false statement with the intent of the victim to gather the Defendant as the victim’s statement on behalf of the victim.

Based on the fact that there is credibility in the victim's statement

The court found the defendant guilty of the facts charged in this case by taking account of various evidences in the statements of the victim with credibility.

B. Determination of the credibility of the victim’s statement 1) The court of the relevant legal doctrine has the credibility of the victim’s statement supporting the facts charged.

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