강제추행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal argues that the victim D was forced to commit indecent act as described in the facts charged in the instant case. However, the victim and the victim had a sense of view from the first time after the lapse of the time, and had a sense of view to the identification thereof. However, even after the victim knew of the fact that the victim was female-friendly, there was no clear statement of rejection, and E/J did not directly witness the Defendant’s indecent act by compulsion, and the victim could not have sufficiently escaped from the situation at the time. Thus, credibility cannot be acknowledged in the victim’s statement in light of the following: (a) the victim was unable to directly witness the Defendant’s indecent act by compulsion.
In addition, the defendant did not have the intention of indecent acts by compulsion, and the defendant did not have any losses with the victim, and did not have any contact with the victim's body.
Therefore, the judgment of the court below which convicted the defendant of the crime of indecent act by compulsion is erroneous or erroneous.
2. In full view of the following circumstances acknowledged by the court below's judgment and the court below's duly adopted and investigated evidence, the defendant can be found to have committed indecent act by force as stated in the facts charged in this case. Thus, the judgment of the court below is just and there is no error of law by mistake of facts or by misapprehending legal principles as alleged by the defendant.
Therefore, the defendant's above mistake of facts or misapprehension of legal principles is without merit.
① 피해자는 피해상황 및 피해자가 밝힌 거부의사의 내용에 대하여, 수사기관에서 “제 왼쪽에 앉아 제 왼쪽 허벅지를 오른손으로 만졌어요. 무릎부터 허벅지 위까지 2-3회 왔다갔다 하면서 쓰다듬으며 만졌어요. 손가락 부분이 제 성기 가까이까지 갔어요”,"제가 바로 손으로 걔 손등을 때렸고, ‘하지마, 왜 그래’ 그랬는데...