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(영문) 서울북부지방법원 2013.03.28 2012노1449
강제추행
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is narrow and the Defendant’s grandchildren did not have the intent to commit an indecent act even though the Defendant’s grandchildren did not have the victim’s her her her her her her her her her her her her her her her her her her her her

2. In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is deemed that maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is significantly unfair, the appellate court should respect the determination on the credibility of the statement made by the witness of the first instance, unless there are exceptional circumstances where it is deemed that the first instance court’s determination on

(See Supreme Court Decision 2006Do4994 Decided November 24, 2006, etc.). Defendant asserted the same as the grounds for appeal of this case at the lower court. The lower court directly examined C, G, etc., and duly admitted and examined other evidences, and rejected Defendant’s assertion. The lower court found Defendant guilty by admitting her her her son’s son and her son’s son’s son as indicated in the judgment of the lower court.

In light of the circumstances shown in the records and arguments of this case, there are special circumstances to deem that the lower court clearly erred in determining the credibility of each of the above testimony.

The judgment of the court below is not remarkably unfair to maintain its judgment as it is, and the judgment of the court below is just in comparison with records, and the defendant's assertion is without merit.

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

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