강제추행치상등
The prosecutor's appeal is dismissed.
1. The summary of the prosecutor’s appeal (misunderstanding of facts or misapprehension of legal principles) is that the victim was a body-type female with the age of 18 who was the only 18 at the time of the instant case, and that the victim’s wife was the victim’s wife due to the Defendant’s forced indecent act (hereinafter “the wife of this case”) suffered from the Defendant’s forced indecent act still remains string the pictures taken after the commission of the crime even at the time of the crime. Considering the parts and degree of the above wife’s body, it cannot be deemed that the above wife of this case cannot be deemed to be a common figure to the extent that it would normally occur during daily life or sexual intercourse in accordance with an agreement, and the victim “the Defendant had a negative part of the Defendant, had a negative part of the Defendant, continued to have a wife for about one week, and was treated as a smoke.
In addition, the victim made a statement to the effect that it was due to the absence of money on the grounds that the victim did not receive a separate medical care with his or her father. As such, the victim was actually not in need of medical care or is able to recover nature within a short period on the sole basis that the victim did not receive a hospital treatment with respect to the instant medical treatment.
In light of the fact that it cannot be readily determined, the pertinent wife ought to be deemed as the injury constituting the crime of bodily injury resulting from forced indecent conduct.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the charge of forced indecent act.
2. Judgment on the grounds for appeal
A. The lower court, within six days from the date of the occurrence of the instant case, issued a medical certificate with respect to the hospital, and the victim himself/herself did not receive any medical treatment with respect to the wife that occurred in the vicinity of the sound, and was cured after approximately a week.
“The wife of this case is naturally natural, following the lapse of a day, even if it is based on the photograph taken by the victim’s parts of the injury.”