폭행
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal is that the victim has consistently stated the details of the assault damage from the investigative agency to the original trial. Therefore, in light of the following: (a) the credibility of the statement is high; and (b) there was a disposition of incompetence of evidence in a case involving indecent act by force against the victim; and (c) the fact that the defendant has
In addition, at the time of the instant case, the Defendant was carrying the victim with drinking a drink and singing. The Defendant cannot be deemed to have lost consciousness due to the Defendant’s sule’s ingredients, and there is no ground to view that the Defendant was in a state in which the Defendant was unable to discern things at the time, and that there was an “unfair infringement on life or body, etc.” by the victim at the time of the instant case under circumstances where the victim’s suspicion of indecent act by compulsion was not revealed.
Nevertheless, the court below recognized that the defendant did not have assaulted the victim, or that even if the defendant assaulted, he did not have the ability to assume responsibility due to the physical and mental loss by the drug or the situation of self-defense. Thus, the court below erred by misapprehending the legal principles on the credibility of the victim's statement and the status
2. Determination
A. Around 05:00 on July 28, 2018, the Defendant assaulted the victim E (Nam, 22 years of age) face who was drinking together with drinking alcohol within the “Dian University,” located within the latter part of the C University located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu. at one time as drinking.
B. The judgment of the court below is based on the CCTV front of singring the Defendant’s CCTV, and it is inferred that the Defendant, on the date and time indicated in the facts charged, runs away from the victim’s face to the victim and the victim’s face to the victim. However, the Defendant’s face is the victim.