강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Sexual assault against the defendant for 40 hours.
1. The judgment of the court below which acquitted the defendant on the ground that the victim's statement in the summary of the grounds for appeal is consistent and specific, and thus, is erroneous in the misapprehension of facts.
2. Determination
A. The summary of the facts charged is the defendant who is the president of the D Hospital and the victim E (n, 38 years old) was working as a nurse at the above hospital.
(1) On January 1, 2015, the Defendant committed an indecent act against the victim by forcing the victim to commit an indecent act on the three-story nurse rooms of the D Hospital D Hospital F located in Young-gu, Young-si, G at night, with a space where the victim would be forced to commit an indecent act on the part of the nurse room, and the victim would be satisfed and satched, with the victim's hand, with the victim's two arms, and the victim's bridge was pushed back to the wall by dividing the victim's bridge into his/her own bridge, preventing the victim from resisting against the victim's entrance.
(2) On January 1, 2015, at around 06:00, the Defendant committed an indecent act by force against the victim, such as: (a) around 06:00, within the second floor pharmacy of the Aviation Hospital, in mind that the victim was forced to commit an indecent act against the victim working at night; (b) making the victim scam in front of the victim’s own scam, let the victim scam in one hand; and (c) making the victim scam in one hand; and (d) making the victim scam in one hand, and (e) making the victim scam in one hand, and (e) scam the victim scam in one hand.
(3) On January 1, 2015, the Defendant: (a) around 06:30, up to the second floor clinic of the instant aviation hospital; (b) placed the victimized person into the treatment room by putting him/her in the care room, and forced him/her to leave his/her two arms on the part of the Defendant; and (c) prevented him/her from going on the part of the victim; and (d) forced him/her to commit an indecent act by force.
B. The lower court determined that ① the act described in the above Paragraph (1) was forced in light of the location and structure of nursing for the third floor of the instant hospital (3rd floor).
It is difficult to see, and