강제추행
The judgment of the court below is reversed.
The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.
1. Summary of grounds for appeal;
A. In fact, misunderstanding of legal principles and mistake of facts, the Defendant convicted the Defendant of the facts and misapprehension of legal principles, even though he was knee knee kne kne kne knee knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne kne
B. The punishment sentenced by the lower court (the amount of KRW 5 million, the amount of KRW 800,000, and the amount of KRW 80,000) is too unreasonable.
2. Determination on the misapprehension of facts and misapprehension of legal principles
A. The summary of the facts charged in the instant case is that the Defendant: (a) operated a taxi for business use of the Company B with limited liability; (b) was on March 13, 2017, in the door of the D Apartment apartment in the Seongdong-gu, Changwon-si, Changwon-si; (c) was on board the Defendant’s back seat with the Defendant to the Defendant as the Defendant, and was in the Defendant’s back seat with the Defendant, and was in the Musan-gu F market, the destination of which was the destination; and (d) around 02:42 of the same day, the Defendant committed an indecent act against the Defendant by taking advantage of the victim’s mental and physical loss or resistance impossible condition, by taking into account the victim’s left knee, regardless of the victim’s loss of body or resistance.
B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as stated in its reasoning.
(c)
1) In the relevant legal principles, the burden of proving the facts constituting an offense prosecuted in a criminal trial is imposed on the prosecutor, and the conviction of guilt is based on evidence with probative value sufficient to have a judge feel true enough to have a reasonable doubt. Thus, if there is no such evidence, even if there is doubt as to the defendant's guilt, it is inevitable to determine it as the benefit of the defendant (see, e.g., Supreme Court Decision 2002Do6110, Feb. 11, 2003). Moreover, an indecent act causes sexual humiliation or aversion to the general public objectively.