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(영문) 춘천지방법원 강릉지원 2020.06.18 2019노506
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant commits an indecent act like the facts constituting the crime as stated in the judgment below.

2. The Defendant also asserted the same purport in the lower court, and the lower court did not accept the Defendant’s assertion on the following grounds: (a) there is no circumstance to suspect the credibility of the witness’s legal statement consistent with the facts constituting an offense; and (b) there is no special reason for the witness to make a statement unfavorable to the Defendant; (c) thus, in full view of the reliable witness’s legal statement and other evidence, the Defendant

In light of the difference between the first instance court and the appellate court’s method of evaluation of credibility according to the spirit of substantial direct examination adopted by the Criminal Procedure Act, if there are special circumstances to deem that the first instance court’s determination on the credibility of a witness’s statement made by the first instance court was clearly erroneous in light of the contents of the first instance court’s judgment and the evidence duly examined by the first instance court, or in exceptional cases where it is deemed that maintaining the first instance court’s determination on the credibility of a witness’s statement made by the first instance court is considerably unreasonable in full view of the results of the first instance’s examination and the results of additional evidence examination conducted by the time of the closing of argument in the appellate court, the appellate court should not reverse the first instance court’s determination on the credibility of a witness’s statement made by the first instance court only on the ground that the first instance court’s determination on the credibility of a witness’s statement differs from the appellate court’s determination (see, e.g., Supreme Court Decision 2016Do5412, Jun. 15, 2018).

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