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(영문) 수원지방법원 2015.10.06 2014노7362
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor's appeal grounds (the factual errors or misapprehension of the legal principles) victim E makes a concrete and consistent statement from the defendant about the process of committing an indecent act and the method of indecent act, and there is a tendency to avoid memory of damage in the case of sexual assault victims. Thus, even if there is a part more concrete in the court, the credibility of E's statement cannot be denied, and E does not have any motive to make a false statement or a false statement. In full view of the above, the victim E's statement is credibility.

Nevertheless, the court below rejected the credibility of the E’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 E’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 and the trial court comprehensively based on the evidence duly adopted and examined, that is, E initially stated in the court of a party trial that “I am more than five minutes and five minutes of time from the toilet side and the toilet. I memory that I would have been less than five minutes of time from the toilet side,” and stated that “I am less than five minutes of time from the toilet side and the toilet. I have been suffering two minutes of time. I am less simple, but am less than five minutes of the witness’s short time.” At the court of the court below, I make an inconsistent statement as to the situation at the time.”

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