강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal by the prosecutor is consistent with the important part from the investigative agency to the court of the court below, the body and the body and body of the victim were identical according to the photograph and the body and the body and body of the victim, and the victim did not mention the indecent act other than assault while requesting the assistance of the her employees G at the time.
In light of the fact that it is difficult to determine that the defendant did not commit an indecent act against the victim solely on the ground that he did not receive a written diagnosis of injury on the upper part of the sexual flag, and rather, the defendant reversed the statement about whether the crime of this case was committed and appears to have requested D to make a false statement on this, the victim's statement may be deemed to have credibility.
Nevertheless, by rejecting the credibility of the above statement, the court below erred by misapprehending the facts and finding a not-guilty verdict on the facts charged in this case.
2. In order to reverse the judgment of the court below that rejected the credibility of the victim’s statement, which is the evidence supporting the facts charged in the instant case, the judgment of the court below should be sufficiently and sufficiently acceptable, and most of the circumstances required in the grounds of appeal should not be seen as circumstances to the extent that the judgment of the court below is not acceptable, such as where it appears to be circumstances already pointed out in the process of the court below’s trial and considered in the process of the judgment of the court below.
This is more so in light of the following circumstances, which can be recognized by the court below by integrating the evidence duly adopted and investigated by the court below.
According to the statement of confirmation of facts written by D, the victim is a restaurant N in Gyeyang-gu M prior to the occurrence of the crime of this case.