(영문) 서울서부지방법원 2021.02.18 2020노650

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(영문) 서울서부지방법원 2021.02.18 2020노650

강제추행

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an indecent act against the victim, such as the facts charged.

The statements of the victim are not consistent and contradictory, and it is difficult to believe it as it is.

In addition, witness E, who is an employee of one week, has shown only the part where the defendant gets the victim's grandchildren or arms and franchising, and it cannot be expected that he will make an objective and fair statement in light of the relationship with the victim. Therefore, it is difficult to recognize the credibility of the statement.

Therefore, the judgment of the court below which found the defendant guilty is erroneous by mistake of facts.

B. The sentence sentenced by the lower court (three years of suspended sentence in October) is too unreasonable.

2. Determination

A. The victim’s statement on the assertion of mistake of fact is consistent with the main part of the statement, and there is no unreasonable or contradictory part in light of the empirical rule, and as long as the motive or reason to make a false statement unfavorable to the defendant is not clearly revealed, the victim’s statement on the assertion of mistake of fact was changed to a somewhat ambiguous statement because of the difference in the expression, or the first conclusive statement was changed to a somewhat ambiguous statement.

On the other hand, the credibility of the statement should not be rejected without any justifiable reason (see, e.g., Supreme Court Decisions 2006Do5407, Nov. 23, 2006; 2018Do7709, Oct. 25, 2018). Taking full account of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the lower court and the trial court, the Defendant may sufficiently recognize the facts of indecent act by force against the victim, as described in the facts charged in the instant case.

The judgment of the court below which found the defendant guilty is just, and there is no error of law by mistake of facts as alleged by the defendant.

1) At an investigative agency and a court of law, the victims are as follows:

참조판례

-대법원 2006. 11. 23. 선고 2006도5407 판결

-대법원 2018. 10. 25. 선고 2018도7709 판결

유사 판례

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-서울중앙지방법원 2020.12.03 2020노1023

-서울서부지방법원 2020.05.04 2019노1189

-서울중앙지방법원 2020.01.09 2019노2749

-서울북부지방법원 2019.03.22 2018노2162