강제추행등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of three million won.
The defendant does not pay the above fine.
1. The summary of the grounds for appeal (misunderstanding of the facts as to the crime No. 1 in the holding of the court below) is only an inevitable physical contact during the process of shouldering the victim, and there is no indecent act by force against the victim as shown in the holding of the court below No. 1.
2. Determination
A. On August 25, 2015, the Defendant committed an indecent act with the victim’s chest and breabbbbbs in the room at “Eel” No. 308 where the victim D (the 21-year-old), located in Busan-gu Busan-gu, Busan-do, was able to report the victim who was out of and was locked with the inside, and use the victim’s body as his hand. The Defendant committed an indecent act with the victim’s chests and buckbbbbs on the opposite part.
B. The Defendant, at the investigative agency, stated to the effect that “the victim was suffering from the barbus without standing the bar, but the victim was sleeped or slicked with a view to shouldering the victim, and the victim was sleeped and slicked (Evidence No. 27 of the Evidence Records).” As such, the Defendant maintained such assertion to the lower court.
공소사실을 뒷받침하는 직접 증거로는 피해자의 수사기관 및 원심, 당 심 각 법정 진술이 있는데, 피해자는 수사기관에서 ‘ 피고인이 겨드랑이에 손을 넣어서 가슴을 만진 것은 확실하고, 엉덩이에 성기를 비볐다’ 는 취지로 진술하고 증거기록 제 69 면 CD 2015. 12. 9. 15:59 ~16 :01 부분 , 당 심 법정에서도 ‘ 피고인이 손으로 움키듯이 가슴을 잡았다’ 당 심 피해자 법정 진술 녹취록 제 5 면 , ‘ 피고인이 오른쪽으로 누워 있는 피해자의 아래쪽( 즉, 오른쪽) 겨드랑이로 손을 넣어서 가슴을 만졌다’, ‘ 피고인이 성기를 피해 자의 엉덩이에 비볐다’ 는 취지로 진술했다.
The record Nos. 6, 16 of the victim's statement in the court room, but the following circumstances, namely, the victim of a crime to be established shall be an investigative agency on December 17, 2015.