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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.10.27 2014노6606
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s grounds for appeal (fact-finding) is consistently stated in the investigative agency and the court to the effect that C has consistently committed the left chest, and the situation before the commission of an indecent act is also consistently stated in the important part, although it is a Grade 3 intellectual disability, and the complaint is merely prepared with the assistance of a police officer who arranged the fact of damage and the statement is not distorted. In light of the fact that C’s statement is not distorted, the prosecutor’s statement is credibility.

Nevertheless, the court below rejected the credibility of C’s statement and found the Defendant not guilty of the facts charged in this case and erred in mistake of facts.

2. In order to reverse the judgment of the court below that rejected the credibility of C’s statement, which is the evidence supporting the facts charged in the instant case, the judgment of the court below should be sufficiently and sufficiently acceptable, and most of the circumstances required in the grounds of appeal should not be seen as circumstances to the extent that the judgment of the court below is not acceptable, such as where most of the circumstances in the grounds of appeal were already pointed out in the trial process of the court below and considered in the process of the judgment of the court below.

This is the following circumstances that can be recognized by the court below by integrating the evidence legitimately adopted and examined by the court below, that is, C at the police station, it stated that "I have come to the left breast of the witness, who will come to the left breast of the witness (as evidence No. 11)", and at the court of the court below, I stated that "I have come to the defendant, and the witness was seated (as the witness was seated, the witness was seated)" (as of No. 54 of the public trial record), and "I have responded to the question "I would have gone to the witness that I would go to the left breast of the witness."

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