강제추행
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the period of two years from the date this judgment becomes final and conclusive.
1. The gist of the prosecutor’s appeal (misunderstanding of facts and legal principles) is that the police consistently and specifically states the defendant’s forced indecent act crime committed by the defendant from the police to the court of the court below. In full view of the following facts: (a) the victim’s statement is reliable and the defendant’s indecent act with intent to commit an indecent act committed by the defendant, and (b) the victim talks about the instant case to his mother and the physical therapy private relative immediately after the instant case was issued with counseling at the sexual assault counseling center; and (c) the defendant’s statement is not consistent, and (d) the victim’s statement is not consistent.
Nevertheless, the lower court erred by misapprehending the legal doctrine on the crime of indecent act by misapprehending the facts and by misapprehending the legal doctrine on forced indecent act, thereby acquitted the instant charges.
2. Determination
A. The Defendant is a person who was working for a physical therapy in the F Hospital in Seongbuk-gu, Sungnam-si.
At around 17:40 on December 30, 2013, the Defendant: (a) laid the Victim G (Woo, 29 years of age) at the water treatment room on the fifth floor of the above hospital; (b) laid the victim G at the bed; (c) laid the victim G at the bed; (d) lest the victim commit an indecent act by pretending the treatment while performing physical treatment related to the wood disc; and (e) laid down the part of the victim who sees the ceiling and skes on the bed; and (e) laid down the bed part of the victim who takes part in the bed part of the bed; and (e) laid down the bed part of the bed part of the bed part of the bed part of the victim, and cut down both the chest.
The Defendant continues to “I am in line with the upper half of the frame. I am knee knee knee knee knee knee knee on the left side of the victim’s knee knee knee knee on the part of the Defendant’s sex, by inserting one hand on the part of the victim’s right bridge to become one of the “A” in the pande of the victim’s panty, making the victim’s left side kne knee knee knee kne.