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(영문) 서울고등법원 (춘천) 2012.12.05 2012노194
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Considering the summary of the grounds for appeal: (a) the Defendant and the victim’s status and age, and the period of time the Defendant and the victim came to know while working as the Defendant and the victim, there is no probability that the Defendant and the victim had been naturally affected as in the Defendant’s lawsuit; (b) the victim had no choice but to comply with the demands of the Defendant who is the employer in the economically imminent location; and (c) the victim has not proposed to make an agreement or demanded an agreement to the present time; (d) there is no credibility that “the Defendant did not perform any act identical to the facts charged, or committed such act with the victim’s consent,” i.e.,, the victim’s statement that “the Defendant committed a crime, such as indecent act by force, rape, etc. against the victim’s will” is reliable

According to the statements of the victim with credibility, it is sufficient to find the Defendant guilty of the instant facts charged.

Nevertheless, the judgment of the court below not guilty on the ground that the victim's statement is not reliable, is erroneous in the misapprehension of the rules of evidence and affected the conclusion of the judgment.

2. The court below held that there is no sufficient evidence to prove the facts charged of this case since the objective circumstance before and after the crime of this case, which was revealed through CCTV images, and the great gap between the victim's statement and the victim's statement, etc. In light of the records, the court below did not err in the misapprehension of the legal principles as otherwise pointed out by the prosecutor.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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