강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment with prison labor for not more than ten months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) Defendant did not forcibly commit an indecent act against the victim.
Nevertheless, the judgment of the court below that recognized the facts charged by the victim's statement without credibility is erroneous in the misunderstanding of facts and legal principles.
2. In full view of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of misunderstanding of the facts and the legal doctrine, the victim’s statement that corresponds to the facts charged in the instant case may be sufficiently believed, and in light of the victim’s statement, the Defendant committed an indecent act against the victim’s will.
It is reasonable to view it.
Therefore, we cannot accept the Defendant’s assertion of mistake and misapprehension of legal principles.
A. The police and prosecutorial office of the victim’s statement, and the content of the victim’s statement in the court below’s court room are specific and consistent to the extent that it is difficult to make the victim’s statement without direct experience of the victim’s body and the process leading the victim’s body, the conversation between the Defendant and the victim, and the victim’s assessment.
The defendant also recognized the fact that he had a certain physical contact with the victim, and the case occurred in the process of seeking a room with the victim's help, and there is no other motive for the victim to find out the defendant's helpless.
On the day of the instant case, the victim talked about the indecent act in currency with his mother, and the mother of the injured party asked the broker to cancel the lease contract on the ground of the indecent act committed by the Defendant on the grounds that the injured party entered into the lease contract with the Defendant’s aid.
On June 13, 2016, the Defendant discussed the Victim’s mother’s agreement with her mother.
B. (1) The offense of indecent act by force is subject to assault or intimidation against the other party.