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(영문) 대전지방법원 2020.09.10 2020노1468
폭력행위등처벌에관한법률위반(공동감금)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. The lower court found the Defendants not guilty of this part of the facts charged despite having detained the victims D as stated in the facts charged.

(M) Fact-finding and misunderstanding of legal principles).

Defendant

The sentencing of the lower court on B is unreasonable because it is too unfasible to the Juvenile Department.

(F) Determination; 2. Determination

A. Determination of mistake of facts and misapprehension of legal principles with respect to the Defendants’ assertion of facts. 1) Where the Defendant strongly denies the entire facts charged, and the victim’s statement is true due to direct evidence consistent with the facts charged on the record, and the remainder of the evidence is merely hearsay evidence based on the victim’s statement, in order to find the Defendant guilty of charges, the victim’s statement requires high probative value so as to have little doubt as to the authenticity and accuracy of the statement. In determining whether such probative value exists, the victim’s statement should be comprehensively taken into account not only the reasonableness, consistency, objective reasonableness, and other personal factors, such as the victim’s sexual character. Therefore, if the victim’s statement in some of the damaged facts stated by the victim lacks credibility and it cannot be ruled that there is a possibility that the victim’s statement in that part is false beyond mere credibility, and that the victim’s statement in that part is false, it should not be readily concluded that the victim’s statement on the remaining damaged facts should be proven to the extent that the victim’s statement satisfies the burden of proof in a criminal trial.

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