beta
Text
The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal by the defense counsel is that the defendant, while finding the location of the toilet, he/she did not commit an indecent act against the victim E, as described in the facts charged.
Even if the defendant was under the influence of alcohol at the time, there was no intention to infringe on the victim's sexual freedom or commit an indecent act against the victim.
The Defendant merely asked the victim about the way to drink a mixed drinking in a toilet, and committed a indecent act by compulsion in an open space where the Defendant was at an easily open space, such as cosmetics in the first floor of a large retailer, such as cosmetics store, does not seem to have a common sense to commit an indecent act by compulsion.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by finding the Defendant guilty of the facts charged based on the statement of the victim without credibility.
2. In order to reverse the judgment of the court below that recognized the credibility of the victim E’s statement, which is the evidence supporting the facts charged in the instant case, the judgment of the court below should be sufficiently and sufficiently acceptable, and most of the circumstances required in the grounds of appeal should be examined, and it does not appear to be a circumstance to the extent that the judgment of the court below is not acceptable, such as the circumstances already pointed out in the trial process of the court below and considered in the process of the judgment of the court below.
In other words, the victim's statement is consistent, specific, and detailed to the court of the court below by considering the evidence duly admitted and examined by the court below, and the situation in which the cosmetic was organized by F and telephone while doing so, and the defendant's chest was delivered to the victim's chest due to the victim's losses, and the victim returned to the toilet near the cosmetic shop.