성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (the fact-finding) was that the victim did not directly verify the face of the perpetrator at the time when the damage was inflicted, and so long as the victim selected the perpetrator as the defendant, it was by the satisf or the satisfe of the victim, and the statement by the satisf or the satisfe of the victim was not reliable or inconsistent with other evidence, and in fact, the defendant did not commit an indecent act like the charge.
Nevertheless, the lower court found the Defendant guilty of the facts charged of this case, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The lower court found the Defendant guilty by taking into account the witness D’s legal statement, police statement of D, and written evidence of D. In light of the contents of the lower court’s judgment and the evidence duly examined in the lower court’s judgment, there is no special circumstance to deem that the lower court’s judgment on the credibility of the statement made by D’s witness D was clearly erroneous, and it is not clearly unfair to maintain the lower court’s judgment on the credibility of the statement made by D’s witness at the time of the examination and the time of the closing of argument in the lower court in the first instance.
In addition, the credibility of a witness's statement cannot be readily denied solely on the ground that the witness's statement is somewhat inconsistent with the statement on other minor matters, etc.
According to the evidence duly adopted and examined by the court below, since the defendant committed an indecent act against the victim as stated in the facts charged, the court below's conviction of the above facts charged is just, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel.
3. Conclusion, the defendant.