준강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is as follows: the victim's statement and statement in the investigation agency of E are credibility and, according to this, the victim's statement and statement in the investigation agency of E are credibility, and the facts charged of this case are found guilty, in full view of the following: (a) the victim was informed of the last time after the month of the instant case, witness E, and later, the victim was informed; (b) there was no motive to mislead the defendant; (c) E has consistently and specifically stated in the investigation agency; (d) there is no reason to support the victim who had no particular relation; and (e) there is no reason to support the victim who had no relation with the victim; and (e) the court below reversed the statement as it
Nevertheless, the court below acquitted the defendant, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The court below made a statement to the effect that ① even if based on the victim’s statement at the investigative agency and the court below’s legal statement, the victim was unable to memory as to whether the defendant committed an indecent act in the taxi at the time of the instant case, ② The witness E made a statement at the investigative agency to the effect that the defendant committed an indecent act as stated in the instant facts charged. However, the court below prepared a false statement to meet the victim’s assistive behavior, and the defendant did not have any fact that the victim made the chest and buckbuck in the taxi, and that the defendant was able to look at the victim’s chest and buckbuck in the taxi, and that the defendant was able to bring the victim’s shoulder and expect the head from the taxi
(3) The victim left the room in the investigative agency and the court of original instance on the ground that the defendant left the room by making a statement in the investigative agency and the court of original instance, and the defendant did not have his body well, and the defendant did not have his body, and the defendant did flickly with her hand, and only flicked with her chest.