아동ㆍ청소년의성보호에관한법률위반(강제추행)
The defendant's appeal is dismissed.
1. On March 17, 2016, after the lapse of the submission period for the statement of the grounds for appeal, the gist of the arguments submitted by the defense counsel of the defendant shall be examined to the extent that the grounds for appeal are supplemented.
In particular, the defense counsel asserts that “an order of disclosure and notification is unfair” in the summary of the above pleadings, but this cannot serve as a legitimate ground for appeal, and there are no special circumstances to exempt the defendant from the disclosure order and notification order.
Although the Defendant did not forcibly commit an indecent act against the victims, the lower court convicted all of the charges on the basis of the statements made by the victims with no credibility. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The lower court also asserted the same purport as the grounds for appeal, and the lower court, based on the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, acknowledged that the statement by the victims is highly reliable, and that the Defendant committed an indecent act by force against the victims.
The decision was determined.
(1) The victims have committed an indecent act by force against the defendant with the consent of the victims.
There are consistent and concrete statements in investigative agencies or court of original instance.
② The victims worked at the Defendant’s mobile phone sales store from May 2013 to June 2013.
N also at the court of the court below, the Defendant or his/her employee during the period of service told that he/she could feel a sense of sexual shame, and attempted to rhy or see his/her head.
The statements are consistent with the defendant's actions stated by the victims.
③ On January 16, 2014, immediately after the victim G or H’s cell phone sales store was set up, the part on which the above victims had sexually orally expressed to the Defendant and the part on which they committed indecent act is committed.