강제추행
The defendant's appeal is dismissed.
1. The summary of the grounds of appeal (fact-finding) is as follows: (a) the Defendant was seated between the tables, and thus cannot be able to take charge of or write down the victim; and (b) there are corresponding statements B, etc., the Defendant cannot be deemed to have committed an indecent act by force against the victim, such as the instant facts charged.
2. Determination
A. In light of the principle of court-oriented trials, etc., comprehensively considering the results of the first instance court’s examination and the results of further examination of evidence conducted until the closing of argument in the appellate court, the appellate court should not reverse without permission the first instance court’s judgment as to the credibility of the statement made by the witness in the first instance, unless there are exceptional cases deemed significantly unfair to maintain the first instance court’s judgment as is on the credibility of the statement made by the witness in the appellate court (see, e.g., Supreme Court Decision 2009Do14409, Feb. 25, 2010).
In full view of the circumstances in the judgment below, the court below convicted the victim of the facts charged in this case on the ground that it is difficult to believe that the victim's statement is reliable, and that the investigation agency B's statement in the court below and the defendant's legal statement in the court below
In light of the above legal principles, a thorough examination of the evidence duly adopted and examined by the court below is just, and there is no violation of law of misunderstanding of facts alleged by the defendant.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.