강제추행
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the Defendant may fully recognize the fact that the victim committed indecent acts twice as recorded in the instant facts charged.
Nevertheless, the court below found the defendant not guilty on the ground that there is no evidence to acknowledge it, and in so determining, the court below erred by misunderstanding facts and adversely affecting the judgment.
2. Summary of the facts charged
A. On March 4, 2014, the Defendant committed the crime on March 14, 2014, around 14:00, committed an indecent act by force on the part of the victim F (n, 61 years of age), the victim F (n, 61 years of age) who was a person in front of the E-cafeteria located in the D market C, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and his hand, committed an indecent act by force on the part of the victim.
(B) On March 12, 2014, the Defendant committed an indecent act on March 12, 2014 (hereinafter “the first indecent act”) and committed an indecent act by force against the victim on March 12, 2014 (hereinafter “the second indecent act”) by making the victim’s left chest only once with the victim’s majur, son, and hand while he/she returned to his/her bath before H operated by the Defendant in the Chungcheongbuk-do G on March 12, 2014 (hereinafter “the second indecent act”).
A. In light of the following circumstances (i) through (vii), the lower court found the Defendant not guilty on the ground that the evidence submitted by the prosecutor alone is difficult to deem that the Defendant committed an indecent act against the complainant as stated in the facts charged, and therefore, it constitutes a case where there is no proof of criminal facts.
① As evidence corresponding to the facts charged in the instant case, the complainant, and I’s each court of the original instance and investigative agency are stated.
② The complainant stated in the accusation that “after having been subject to each indecent act by the Defendant, the Defendant immediately resisted to the Defendant.” However, during the police investigation, the complainant stated that “I did not speak without being able to do so,” and that “I would like to make the first indecent act at the time of the first indecent act, and I would like to make the second indecent act at the time of investigation by the prosecution.”