강제추행
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds of appeal (definite CCTV), it can be deemed that the defendant had a physical contact among female customers who visited the defendant's store for ten minutes recorded in the defendant's room. The defendant's wife stated that the defendant had a part of his her her her her her her her her her her her her her her her her her her her her her her her her part. Even according to CCTV images, the defendant's her her her her his her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her s his her her her her her her her her her her her her her her her
In addition, the victim of this case stated in the court below that the victim suffered a serious sense of sexual humiliation due to the Defendant’s crime, and that the victim was clearly aware of his intentional indecent act. As such, the Defendant’s act of her frightt with his hand constitutes indecent act under the Criminal Act.
2. 판단 원심은, 피고인이 자신의 오른쪽 손등으로 피해자의 왼쪽 엉덩이 부위를 스치듯 툭 친 사실은 인정되나, 그 판시와 같은 사정들을 종합하면 위 인정사실만으로는 피고인이 위 행위 당시 추행의 고의를 가지고 있었다고 단정하기에 부족하고, 달리 이를 인정할 증거가 없다고 판단하여 피고인에 대하여 형사소송법 제325조 후단에 따라 무죄를 선고하였다.
Examining the evidence duly adopted and examined by the court below in light of the record, the evidence submitted by the prosecutor, such as CCTV images and statements from the court below and the investigative agency, is an intentional act on the defendant.