폭행등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is that the Defendant did not commit an indecent act or assault against the victim D, did not commit any assault against the victim A, and rather did not have any assaulted against the victim A.
Nevertheless, the judgment of the court below which convicted all the charges of assault and indecent act of this case as guilty is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
2. Determination
가. 피해자 D에 대한 강제추행, 폭행 부분에 관하여 피해자 D는 수사기관 및 당심 법정에서, 피고인이 피해자에게 ‘바지 어디서 샀느냐’고 물으며 피해자의 허벅지와 사타구니 근처를 쓰다듬어 추행하였고, 그 후 피고인과 E 사이에 시비가 생겨 피고인이 E를 때리자 이를 피해자가 말리는 과정에서 피고인으로부터 뺨을 1회 맞았다고 일관되게 진술하고 있다.
And I, at the same time, stated in the investigative agency that the defendant had observed that the above victim's buckbucks came under the above order.
The above statements are specific and clear, and there is no other circumstance to suspect the credibility thereof.
Therefore, the court below's finding of guilty of this part of the facts charged is just and there is no error of mistake of facts.
B. With respect to the part of the assault against the victim A, the victim A stated that he was subject to assault by the defendant, knee, chest, shoulderer, etc. in the course of suppressing the defendant's assault and damage to the defendant's E at the time.
In addition, D stated at the investigative agency that the defendant was witnessing the victim A at the time when the defendant showed that he was showing the victim A at the time.
The above statements are specific and clear, and there is no other circumstance to suspect the credibility thereof.
Therefore, the court below's finding of guilty of this part of the facts charged is just and there is no error of mistake of facts.
3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.