The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is as follows: (a) the victim F’s investigative agency and the court below’s statement in the investigation agency are specific and consistent; and (b) the victim was receiving treatment for mental illness such as depression in the past; (c) the victim was faithfully receiving treatment at the time of the instant case; and (d) the victim’s patients who had been receiving treatment at the same hospital as the victim at the time of the instant case had significantly improved symptoms at the time of the instant case.

진술하고 있고 그들이 피해 자로부터 들었다는 내용이 피해자의 수사기관 및 원심 법정에서의 진술내용과 일치하는 점, 당시 피해자가 입원하고 있던 병원의 CCTV 화면에 피해자의 진술에 일부 부합하는 영상이 촬영된 점 등을 종합하여 보면, 피고인이 이 사건 공소사실 기재와 같이 피해자의 의사에 반하여 혀로 피해자의 입술을 핥고, 피해자를 끌어안는 등으로 피해자를 추행한 사실을 충분히 인정할 수 있다.

Nevertheless, the court below rendered not guilty of the facts charged of this case, and the judgment of the court below erred by mistake of facts.

2. Determination

A. The lower court determined that the facts charged of the instant case are proven to the extent that there is no reasonable doubt because the Defendant could not easily believe the F’s statement that corresponds to the facts charged of the instant case, in light of the following circumstances, as it is difficult for the Defendant to easily believe that the F’s statement that corresponds to the facts charged of the instant case is difficult to control the new wall time in violation of the hospital internal rules.

It is difficult to see

The decision was determined.

1) According to the medical record, F was hospitalized due to symptoms such as depression, fissional same-sex disorder, and glock, and the symptoms of mental illness, and the symptoms of mental illness were spacing, overarching, sexual background, etc., and “I want to mix the body” in the medical record.

“,” “Irg to do so as to do so.”

“Apon.” and “apon.b. sexual assault.