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(영문) 수원지방법원 2020.05.07 2019노6421
강제추행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. With regard to the facts of the crime in the judgment of the court below in mistake of facts, the defendant did not have committed indecent act by force by force, such as kissk, drinking kis, breasts, etc., and in relation to the facts of the crime in paragraph (2) of the judgment below, the defendant guilty of this part of the facts of the crime,

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment, one year of suspended execution, etc.) is too unreasonable.

2. Determination

A. The first instance court’s judgment was clearly erroneous in the determination of the evidence of the first instance court when it was intended to re-examine the first instance court’s judgment after its ex post facto and ex post facto determination, although there was no new objective reason that could affect the formation of a documentary evidence in the course of the trial.

There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules to maintain the judgment as it is, and without such exceptional circumstances, the judgment on the fact-finding of the first instance court should not be reversed without permission (see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). In addition, in a case where a witness’s statement is generally consistent and consistent with the facts charged, it shall not be rejected without permission, unless there is any separate evidence to deem that the witness’s statement conforms to the facts charged objectively and objectively lacks credibility (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). In the lower court, the Defendant asserted the same purport as the grounds for appeal, and the lower court rejected it and found the Defendant guilty of this part of the facts charged.

Although the above judgment of the court below was consistently expressed by the victim's intention to refuse, the testimony of D witness of the court of first instance that forced him to kis kis, and why is the victim's " why is".

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