강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds of appeal is consistent and specific, and credibility of the statement of the victim is also consistent with the statement of the victim, and the recording of the recording of the voice file in which the conversation between the defendant and the victim was recorded also consistent with the statement of the victim, and the court below also seems to recognize the fact that the defendant committed an indecent act, such as the recorded facts in the facts charged, by itself, could sufficiently recognize the facts charged in the instant case where the defendant committed indecent act by force, but the court below acquitted the defendant of the facts charged in the instant case on a different premise, and thereby,
2. The lower court’s judgment: (a) based on the following circumstances confirmed by the evidence, such as CD and transcript, submitted by the victim to an investigative agency, i.e., the situation of dividing the conversation between the Defendant and the victim, the victim’s response to the Defendant’s speech, the victim’s behavior responding to the victim’s physical contact before physical contact, the victim’s attitude, the victim’s speech and behavior responding to the victim’s response, the process and purpose of recording the conversation while visiting the Defendant’s house several times, the evidence presented by the prosecutor alone constitutes “Indecent act” as defined in the crime of indecent act by compulsion.
On the ground that it is difficult to readily conclude that there was assault or intimidation against the victim, the instant facts charged were acquitted.
3. The judgment of this Court
A. In a criminal trial of relevant legal principles, the finding of guilt ought to be based on evidence of probative value, which leads to a judge’s conviction to the extent that the facts charged are true, beyond a reasonable doubt. Therefore, in a case where the prosecutor’s proof fails to sufficiently reach the extent that it would lead to such conviction, even if there are suspicions of guilt.