준강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the grounds for appeal (fact-finding) stated that the victim has consistently suffered damage to the purport that he was suffering from the harm, i.e., that he was frightened or frightening his sexual organ, and that the F, working in D Coinna, “D,” at the time, reported that he reported 112 that he would commit an indecent act against himself, and the victim was “the victim was suffering from the harm that he was frighten and prompt,” and that “The court below acquitted him even if the facts charged in this case was fully convicted according to the relevant evidence.”
Therefore, the court below erred in mistake of facts.
2. On February 25, 2014, around 03:10 on February 25, 2014, the Defendant committed an indecent act against the victim E (the age of 36) on the second floor of the Gyeonggi-do Gyeonggi-gun “D History” male water surface room, by drinking alcohol and taking advantage of the state of difficulty to resist due to diving, she exceeded the clothes of the said victim, she talked with his/her sexual organ, and her faceing with him/her.
3. The lower court found the Defendant not guilty on the ground that the direct evidence consistent with the facts charged in the instant case is only the victim’s investigative agency’s statement, and it is difficult to believe the victim’s statement to the investigative agency as it is because the content of the victim’s damage is not consistent, and there is no other evidence to prove the facts charged in the instant case.
4. Judgment of the court below
A. Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and examined by the lower court, the facts that the Defendant committed an indecent act against the victim, such as the Defendant’s exclusion of the victim’s clothes and falling into the victim’s sexual organ, etc. can be sufficiently recognized.
1) The victim’s statement in the investigative agency and the court below stated the following matters: (a) the probative value of the victim’s statement;
i. The written statement that was first submitted to the police immediately after the instant case is cut in the rest room for men on the second floor.