성폭력범죄의처벌등에관한특례법위반(업무상위력등에의한추행)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. While the statement of the victim of mistake of facts has consistency in the main parts of the statement, the defendant's statement is not reliable because it is not consistent or contradictory to I and the victim's respective statements, and I's statement is hard to see it as a neutral witness as the defendant's workplace company, and there is no credibility because it is consistent with the attitude of avoiding responsibility.
Therefore, although each of the facts charged in this case can be recognized, the judgment of the court below which acquitted the defendant is erroneous.
B. According to the Defendant’s assertion of misapprehension of legal principles, even if the Defendant only flives the victim’s shoulder, the Defendant could sufficiently anticipate that such an act would not be used by the victim or rejected without the rejection, and thus, it is difficult to view that the Defendant’s physical contact significantly infringed on the victim’s sexual freedom due to the Defendant’s physical contact.
2. Determination
A. The prosecutor added the ancillary facts charged (Article 1 of the indictment) shall maintain the existing facts charged against the defendant for the first time in the trial as the primary facts charged, and the facts charged for the first time in the indictment shall be as follows.
(1) As stated in Paragraph (1) above, an application for the amendment of a bill of indictment was filed, and this court permitted the application and added the subject of the judgment. However, since the prosecutor's assertion of mistake of facts against the primary facts is still subject to the judgment of this court, the prosecutor's appeal against the primary facts and the ancillary facts added in the trial are examined in the following order (the prosecutor's assertion of misapprehension of the legal principles as to the primary facts charged is identical to the judgment on the preliminary facts to the same effect
B. As to the prosecutor’s assertion of mistake of facts regarding the primary facts charged.