성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The defendant's appeal is dismissed.
1. 항소이유의 요지(사실오인) 피고인은 피해자들을 공소사실 기재와 같이 추행한 사실이 없고, 피해자들을 안거나 귓불을 만진 적은 있지만 이러한 행위가 일반인의 관점에서 성적 수치심을 일으키는 추행행위에는 해당하지 아니하며, 피고인에게는 전혀 추행의 고의가 없었다.
Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. 1) The victim’s statement is consistent with the main contents of the statement in light of the empirical rule, and there is no unreasonable or contradictory part in the statement itself in light of the empirical rule, and as long as the motive or reason for making a false statement unfavorable to the defendant is not clearly revealed, the credibility of the statement shall not be rejected without any justifiable reason (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018). Meanwhile, the Act on the Punishment of Sexual Crimes and the Protection of Victims thereof (an indecent act committed in the course of business or employment) (see, e.g., Supreme Court Decision 2018Do7709, Oct. 25, 2018).
In addition, indecent act means an act that causes sexual humiliation or aversion to the general public objectively and is contrary to good sexual morality, which infringes on the victim's sexual freedom, and the issue of whether it constitutes it is the victim's intention, gender, age, relationship with the perpetrator and the victim's previous relation.