강제추행
The judgment of the court below is reversed.
The defendant shall be innocent.
1. The judgment of the court below which found the defendant guilty on the ground of misunderstanding of facts against the judgment of the court below, but the prosecutor filed an application for changes in indictment at the time of the trial, and since this court permitted this, the judgment of the court below cannot be maintained.
2. Determination of the changed facts charged
A. A. Around September 2, 2011, the Defendant: (a) around 01:40 on September 2, 201, the revised facts charged: (b) boarded the Victim F (F) in the vicinity E of the Busan Young-gu, Busan, to the lower seat of G taxi that he/she drives, and (c) was operated by the Defendant to the IBS next to H apartment of the Busan Dong-gu.
At around 02:00 on the same day, the Defendant arrived in front of Busan Dongdong-gu, Busan, a destination, and committed indecent acts against the victim by using the victim’s state of failure to resist by reporting that the victim was diving and by putting the victim’s body back back to the victim’s body into the body of the victim.
B. The Defendant asserts that there was no buckbucks by inserting hand on the back seat of the victim who was seated. The Defendant asserts that there was no bucks by the victim.
In light of the following circumstances, even though the victim consistently stated that he/she was forced by indecent act from the Defendant from the investigative agency to the court of the trial, the court below’s duly adopted and examined evidence and the evidence examined by the court below are revealed in full view of the following circumstances, the victim’s statement is highly doubtful, and there is no other evidence to acknowledge the guilty of the charge of this case.
(i) The victim was aboard the taxi of the defendant and brought to the left at the front distance of H apartment, which is not the final destination, and is not the final destination.
However, the victim's final objective is the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right to the right.