강제추행
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
1. According to the statements made by the victim that correspond to the summary of the grounds for appeal (the fact-finding) of the facts charged, the defendant committed an indecent act against the victim as stated in the facts charged in this case.
However, the judgment of the court below which acquitted the defendant shall be erroneous, which affected the conclusion of the judgment.
2. Determination
A. On October 01, 201, around 02:00, the Defendant discovered D (19 years old) from the second floor of the C club located in Busan Jin-gu B, Busan, and found the Defendant’s side of the D (19 years old) to drink the victim’s mind of indecent act by compulsion by compulsion by compulsion by hand.
Accordingly, the defendant committed an indecent act against the victim's will.
B. The lower court determined that the following circumstances revealed by the record, namely, “i.e., the Defendant, from an investigative agency to this court, did not have any fact that the Defendant had a part of the victim’s boom from the investigative agency to this court, and denied the facts charged to the effect that the Defendant was identified as the Defendant due to mistake, or that the victim’s physical contact with the boom boom boom boom at the time when the Defendant was designated as the Defendant, or that the boom boom boom was too bad, and denied the charges. ② The summary of the victim’s statement at the investigative agency and the lower court court court’s court’s court, the only evidence corresponding to the facts charged, was passing through the examination to move the victim in the second floor to the third floor. At the time, there were many people in the Switzerland, thus passing through
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