강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is that the defendant first testified at an investigative agency that he was the victim's chest by hand and did not leave the victim's chest, but the defendant reversed the victim's statement that the NA was found on the chest part of the victim's chest, and thus, it is not reliable. However, the defendant stated that the victim consistently made a statement to the effect that the defendant raised the defendant's chest and her chest toward the chest and left the chest, which is highly reliable, the result of DNA appraisal, the police officer's statement to dispatch on-site, and the victim's friendly F's statement coincide with the victim's statement, etc., the charges of this case are fully convicted.
On the other hand, the court below can sufficiently evaluate that the Defendant’s words “I am only if I am safe,” did not constitute assault or intimidation in the crime of indecent act by compulsion, but this constitutes intimidation against the victim’s will.
Nevertheless, the lower court determined that the Defendant was innocent on the facts charged in the instant case. In so determining, the lower court erred by misapprehending the legal doctrine or mistake.
2. The judgment of the court below is based on strict evidence which has probative value, which makes a judge not to have any reasonable doubt, and where the prosecutor’s proof does not sufficiently reach the extent to have the aforementioned convictions, it should be determined in the interests of the defendant, even though there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal, etc., although it is presumed that the defendant’s physical contact had occurred under the mutual assistant principal and deputy principal with the victim from the investigative agency to the court of the court below. However, the victim is unable to completely memory the situation at the time, and the facts charged itself.