강제추행
The prosecutor's appeal is dismissed.
1. Although the gist of the grounds for appeal does not directly emit the CCTV images that correspond to the facts charged, considering that the victim’s statement that corresponds to the facts charged in the instant case is consistent and reliable, and that the victim’s statement that corresponds to the facts charged in the instant case corresponds to the victim’s statement, the facts charged in the instant case is sufficiently recognized.
However, the judgment of the court below which acquitted the defendant shall be erroneous and adversely affected by the judgment.
2. Determination
A. The Defendant, around July 23, 2017, committed an indecent act by force on the part of the Defendant, at around 01:39, at “C clubs” located on the second underground level of Yongsan-gu Seoul Metropolitan Government Yongsan-gu, Seoul, by making his/her mared one time per se.
B. The lower court determined that the direct evidence consistent with the facts charged in the instant case reveals the victim’s statement that “the victim saw 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 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 her her her her her, and the remaining her her her her her the her
C. On July 23, 2017, at around 01:55, the first instance trial prosecutor prosecuted the Defendant on the fact that the Defendant committed an indecent act against 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 her her her her her but her her her her her her