강제추행
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: (a) the victim, who was engaged in the honding process with the help of the defendant and was able to get the chest into the ground, was involved in the victim's chest and the floor; and (b) the defendant was involved in the victim's chest in the process of getting the victim's finger away from his finger; and (c) the defendant was not in charge of driving or taking custody of the victim's chest.
2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the defendant can be found to have committed an indecent act against the victim as stated in the facts constituting the crime in the judgment below, and the part of the statement by the witness H alone does not interfere with the recognition of the above facts constituting the crime.
Therefore, the defendant's assertion is without merit.
A. The victim knew the fact of damage to friendlys through I Messen on the day of crime, and consistently and specifically stated in the main part from the investigative agency to the court below on the circumstance where the Defendant committed the crime, and the circumstances before and after the crime.
Since it is normally possible to distinguish the inevitable physical contact and intentionally taking charge of chest during the campaign, it is difficult to see that the victim was aware of it, and there is no motive for the victim to make a false statement against the defendant.
It seems to be due to the circumstances that the victim who had been an existing member cut all paths to a club without being able to do so after the occurrence of the instant case.
B. As to the fact that the situation at the time of the crime of this case was where the victim was forced to face the ground in a bend where the movement was obstructed, the defendant's assertion and the victim's oral statement at the court below are consistent with the defendant's assertion and the victim's oral statement at the court below. As to the situation at the time of the crime, the defense counsel "when the victim kne knes and knes knes kels and sits unlawfully."