강제추행
The defendant's appeal is dismissed.
1. At the time when an act recorded in the summary of the grounds for appeal was committed, there was no intention on the part of the defendant which constitutes the elements of indecent act by compulsion
Nevertheless, there is an error of misunderstanding of facts or misunderstanding of legal principles in the judgment of the first instance court that found the defendant guilty.
2. In the first instance trial, the Defendant asserted the same purport as the grounds for appeal, and the court of the first instance rejected the Defendant’s assertion in detail, and convicted the Defendant of the facts charged, with the detailed explanation of the grounds for the judgment on the Defendant’s assertion.
Examining the evidence duly adopted and examined by the court of first instance in light of the legal principles set forth by the court of first instance, such determination by the court of first instance is justifiable, and there is no error of mistake of facts or misapprehension of legal principles as alleged by the defendant.
3. The appeal by the defendant is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.