A. (1) The Defendant did not commit an indecent act against the victim E by force.

The direct evidence supporting the facts charged of this case is the only statement of the victim, and the victim filed the complaint of this case with the favorable appraisal against the defendant who dismissed him, and the victim's statement concerning the reasons for the damage is not consistent, and it is inconsistent with the testimony of other employees.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged based on the statement of the victim without credibility.

(2) In light of the fact that the criminal defendant was not subject to criminal punishment for the same crime, and that the health condition is not good, the sentence of the court below that sentenced the defendant to complete a sexual assault treatment program program program for 3 months and 40 hours is too unreasonable.

나. 검사( 양형 부당) 이 사건 범행은 피고인이 자신이 대표이사로 있는 회사의 직원인 피해자의 엉덩이를 툭 쳐 피해자를 강제 추행한 것으로 죄질이 좋지 않은 점, 피고인이 잘못을 반성하고 있지 않은 점 등에 비추어 보면, 원심의 형이 너무 가벼워서 부당하다.

2. Determination

A. In light of the difference between the original court and the appellate court’s method of evaluating credibility based on the spirit of substantial direct deliberation adopted by the Criminal Procedure Act as an element of the trial-oriented principle, the lower court’s determination on the credibility of a witness’s statement was clearly erroneous in light of the content of the lower judgment and the evidence duly examined by the lower court.

The court below's determination on the credibility of the statement made by the witness of the court below, in full view of the examination results of the court below's evidence and the result of additional examination of evidence up to the closing of oral argument.