강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the victim's statement is highly reliable by maintaining consistency with the victim's statement and complying with the witness's statement, which is an important part, and considering the situation between the victim and the defendant in light of the victim's status within the company, etc., the defendant's act, such as the facts charged, is recognized, despite the fact that the delay in the victim's complaint in light of the victim's position within the company, etc., the court below rejected the victim's statement without permission and acquitted the victim of each of the facts charged in this case for lack of evidence. The court below erred in the misapprehension of
2. Determination
A. According to the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the victim’s statement is not reliable, and other evidence submitted by the prosecutor alone commits an indecent act as stated in the facts charged.
It is difficult to recognize that there was an intention to commit an indecent act against the defendant beyond a reasonable doubt, and there is no other evidence to acknowledge that there was an intention to commit an indecent act against the defendant. Therefore, the judgment of the court below that acquitted each of the facts charged of this case on the ground of such a reason does not err in the misconception of facts
B. The summary of this part of the facts charged is as follows: (a) the Defendant and the victim B (the 39 years of age is between the Defendant and the Defendant and the victim C company D’s work partner working together in the country where the C company D located in Chungcheongnam-gun, Chungcheongnam-gun, from August 2015; (b) the Defendant, around 14:00 on January 8, 2018, at the F company G heading of the F Company D branch of the said C Company, a public book room in the above C Company D branch of the D branch of the D branch of the C Company, and the victim, who was arranged for a public book room, Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da k, a defect that is different in our country.”