강제추행
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. The gist of the grounds for appeal is that the defendant is a patient suffering from the Chon-gu's disease. At the time of the instant case, the defendant was faced with the victim who was walking on the bridge in the vicinity of the location where the occurrence of the instant case was occurred while he was under investigation by the Dong Police Station as a traffic accident, and was faced with the victim's chest due to the lack of rent. The defendant did not commit an indecent act against the victim's chest with the victim.
The judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous.
2. Determination
A. On September 26, 2013, the Defendant: (a) around 12:50 on September 26, 2013, 2013, committed an indecent act against the victim C (e.g., 43 years of age) who was walking on the front side of the “Dongnam Agricultural Village” located in the Daegu Dong-gu, Daegu-gu, Seoul-gu, with the view to forcing the victim to commit an indecent act by force; and (b) the victim was able to capture the Defendant’s chest on the chest side of the victim’s chest; and (c) forced the victim to commit an indecent act against the non-hulle.
나. 판단 이 사건 공소사실에 부합하는 듯한 증거로 피해자가 수사기관 및 원심 법정에서 한 진술이 있고, 피해자는 ‘이 사건 충돌 전에 피고인과 눈이 마주쳤는데, 행색이 좋지 않은 사람들을 볼 때와 비슷하게 좋지 않은 느낌이 들어 눈을 피하였고, 마주 오는 피고인을 옆으로 피했는데 피고인이 피해자 쪽으로 다가와 피고인의 가슴을 피해자의 가슴에 대고 약 1~2초간 비볐다.’는 취지로 진술하고 있기는 하다.
However, for the following reasons, it is difficult to readily believe that the victim’s statement was indecently committed by the Defendant.
① 피해자의 진술에 의하면, ‘피고인이 피해자 쪽으로 다가와 피고인의 가슴을 피해자의 가슴에 대고 약 1~2초간 비볐다’는 것이다.
However, according to the records, the key of the defendant is about 178 cm and the key of the victim is about 155 to 160 cm, and the defendant is the victim at his arms.