아동ㆍ청소년의성보호에관한법률위반(강제추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) of the victim's statement is reliable, and the facts charged in this case can be fully acknowledged in full view of the victim's statement and the records of the same crime committed by the defendant.
Therefore, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and affected the conclusion of the judgment.
2. Determination
A. On October 27, 2017, the Defendant committed an indecent act once by hand against the victim D (V, 16 years of age) waiting for the bus in front of the bus stop in Nam-gu Incheon Metropolitan City, Seoul, with her seat around 16:50 on October 27, 2017.
B. The lower court’s judgment: (a) the circumstances acknowledged by the evidence adopted and investigated by the lower court, namely, ① the police officer, and the Defendant her her her her her her her her her her her her her
However, in the court of the court below, the defendant stated that the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her
The statement was made by the Defendant, and F cited the Defendant’s bags or wings with other descendants.
In light of the fact that the defendant, at the time, seems to have made a statement to his hand or as a mentor, etc., the evidence submitted by the prosecutor alone to the extent that there is little room for doubt about the accuracy and truth of the statements made by the victim to the extent that the facts charged in this case are proven.
It is difficult to see
On the other hand, the defendant was acquitted.
(c)
In light of the following circumstances admitted by the court below based on the evidence duly admitted and examined by the court below, the evidence submitted by the prosecutor alone is that the defendant was her her her her tamp, as stated in the facts charged in this case.