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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principles) is the place where access is permitted to many and unspecified persons, such as the entrance of the studio building in which the instant case had a sign of “lease inquiry,” and the Defendant is merely an entry into the studio building to confirm the structure.
In addition, the defendant does not commit an indecent act against the victim at all times.
Nevertheless, the lower court found the Defendant guilty of the instant facts charged (Indecent Act by force by force) on the grounds of the statements made by the victim without credibility and the unclear CCTV images, etc. In so doing, the lower court erred by misapprehending the relevant legal doctrine.
2. Determination
A. The lower court also asserted that the Defendant was similar to the above grounds for appeal, and the lower court determined that, in light of the following circumstances known by comprehensively taking account of the adopted evidence, it could be recognized that the Defendant committed an indecent act by force against the victim after intrusion upon his/her residence as stated in the facts constituting the crime, and rejected all the Defendant’s arguments.
① The victim clearly stated that, immediately after the occurrence of the instant damage, the Defendant committed an indecent act like the facts constituting the offense in the judgment of the court below.
The victim's statement is generally consistent and consistent with the facts charged, and there are no other circumstances to reject the credibility of the victim's statement.
② The victim reported the fact of damage to the police immediately after the occurrence of the instant damage, and the criminal investigation by the investigative agency following the said report was arrested.
In addition to the fact that the defendant and the victim first met with the defendant at all at the time of the instant crime, the circumstance that the victim would not dismiss the defendant is entirely peep.
③ According to CCTV images taken before and after the instant crime, the Defendant was temporarily set at the entrance of the place of the instant crime.