logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.11.04 2016노3004
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the Defendant guilty of this part of the facts charged, even though the Defendant did not have committed an indecent act by force against the victim E, is erroneous in the misunderstanding of facts. 2) The court below found the Defendant guilty of this part of the facts charged, although the Defendant did not have inflicted an injury on the victim J with a dangerous pent.

B. The sentence of the lower judgment on unreasonable sentencing (two years and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

2. Determination

A. The Korean Criminal Procedure Act adopts the principle of court-oriented trials that the formation of conviction or innocence against the substance of a criminal case ought to be based on a trial in the court. The court-oriented trial is that only the evidence directly examined in the presence of a judge can be used as the basis of a trial and the original evidence near the facts to be proved should be used as the basis of a trial and that the use of the substitute for the original evidence should not be permitted in principle. This is intended to enable a judge to form a new and accurate conviction on a case through the method of investigating the original evidence in the court, while giving the defendant an opportunity to directly state his/her opinion on the original evidence, thereby enabling the discovery of substantial truth and realizing a fair trial.

Therefore, the court presiding over the criminal procedure should be able to realize the above substantial and complete spirit of the principle of direct cross-examination in the court of first instance, which is the principle procedure in which the parties’ allegations and evidence examination are conducted, focusing on the court in the process of the criminal procedure and the trial process.

When the first instance court initially proceeded with the witness examination procedure and then decides the credibility of the statement, the contents of the statement itself.

arrow