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(영문) 대구지방법원 2015.10.30 2015노2557
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim as stated in the lower judgment.

B. The six-month imprisonment sentenced by the lower court is too unreasonable and unfair.

2. Determination:

A. In light of the contents of the judgment of the court of first instance as to the assertion of mistake of facts and the evidence duly examined in the court of first instance, there are special circumstances to deem that the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance was clearly erroneous, or in full view of the results of the first instance examination and the results of additional evidence examination conducted by the court of first instance up to the time of closing argument, it is impossible to reverse without permission the judgment of the court of first instance as to the credibility of the statement made by the witness unless there are exceptional cases where maintaining the judgment of the court of first instance is deemed significantly unfair (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). The court of first instance as to the witness E and F's legal statement made by the court of first instance is consistent with the main part, and it cannot be deemed that there is any special distortion or false content, and there is no other circumstance to deem otherwise that the judgment of the court below is remarkably unjustifiable.

Therefore, this part of the defendant's argument is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is an initial criminal without any previous criminal record, and the Defendant suffers from chronic renal failure, thereby making it difficult to maintain life without being treated three times a week, and is not accompanied by the exercise of strong tangible power in the instant crime, and other reasons.

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