준강제추행
All appeals filed by prosecutors and defendants are dismissed.
1. Summary of grounds for appeal;
A. The Defendant (person who is a fact-finding) did not commit an indecent act by deceiving the victim's chest with his chest as stated in the judgment of the court below.
The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.
B. The prosecutor (e.g., 5 million won of a fine and 40 hours of completion of a sexual assault treatment program) sentenced by the court below is too uneasible and unfair.
2. Determination
A. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion, the following facts or circumstances are acknowledged.
① On September 8, 2013, the victim was d from the investigative agency to the court below’s trial. The victim consistently made a statement that the victim’s chests were confined to the victim’s chests, etc., and specifically stated the details and details of the indecent act, circumstances after the indecent act, etc.
② The victim did not have personnel from the new wall D on the day of the instant case, and had the Defendant work.
On that day, the victim immediately resisted the Defendant with respect to indecent acts against the Defendant, and the Defendant sent a Kakao Stockholm message with depth, such as “(victims) to the victim, and that there is no absolute reason to think of such an indecent act against the victim, and that there is no such an event.” “I do not see that it would be a bad if you would be fright, but if you would not flickly flickly,” and “I would like to flickly flickly flickly flickly flick, even if I flick flick flick.”
In full view of the fact that the victim was friendly D with the defendant who did not have any personnel to D, and immediately resisted the defendant with respect to indecent acts and sent the defendant with excessive words, the victim's statement is credibility.
The defendant is not consistent because the second statement of the victim is more specific than the first statement, and the victim commits an indecent act against the defendant.