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The prosecutor's appeal is dismissed.
Reasons
1. In light of the circumstances at the time when B made an indecent act by force against C in light of the gist of the grounds for appeal (misunderstanding of facts), the Defendant appears to have committed an indecent act against C by force and actually judged whether C restrains it. Therefore, the Defendant’s statement to the effect that B did not consider the above pages after attending the court as a witness was made constitutes perjury as a false statement.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. On April 7, 2017, the summary of the facts charged in the instant case was present and taken an oath as a witness of the instant case (hereinafter “former indecent act case in which the Defendant committed an indecent act by force”) from No. 5 of the Jung-gu District Court No. 1 to No. 2017 Godan 22, located in Jung-gu District Court No. 5, 2017, which is possible at the time of the Government around April 7, 2017.
‘I will not have any question of the prosecutor’s question.
The witness answers "," and the prosecutor's question "whether or not the defendant did not have any act of spreading the chest behind the victim, etc." is so known.
If the defendant commits an indecent act, the victim would have made his resistance and made his speech.
The defendant answer ", after the victim, there is a need to see that the defendant is against the victim's her turbane."
I cannot see the prosecutor's question "........"
It is known that the proposal did not have any such day.
If the sexual flag is not empty, I am not able to see the A and see.
The answer to “the victim shall not be the defendant.”
the defendant's hand, and the defendant's hand knife knife
The prosecutor’s question “ shall not be”.
If there is such a day, the No. 1 has judged the woman, and the woman was sent to him.
“The answer was made.”
However, the facts are found by the Defendant in the above singing.