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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The police officers dispatched to the scene at the time of the defendant (with regard to obstruction of performance of official duties), judged the defendant as a flagrant offender of indecent act by compulsion on the basis of only the victim's unilateral statement and the defendant's statement made by the victim. In light of the situation at the time of arrest, such judgment constitutes an unlawful case where it considerably lacks rationality in light of the empirical rule, and thus, the illegality of the defendant's act of assaulting the police officers during the process of avoiding illegal arrest should be avoided as an act for deviating from the current illegal infringement on the body.
Therefore, the judgment of the court below which found the defendant guilty of obstruction of performance of official duties is erroneous by misapprehending the legal principles or affecting the conclusion of the judgment.
B. In light of the fact that: (a) the statement of the victim of the mistake of facts (in the case of indecent act by compulsion) and the victim of the J is specific and consistent from the investigative agency to the original trial court; (b) the witness B and K are highly likely to make a statement favorable to the defendant due to the defendant's will fall short of the credibility of the statement; and (c) the defendant's statement at the time of arrest is reasonable to be judged as a genuine confession, according to the evidence submitted by the prosecutor, including the victim and J's statement, the fact that the defendant committed an indecent act as described in the facts charged in the instant case can be sufficiently recognized. Therefore, the judgment of the court below which acquitted the defendant of the facts charged of indecent act by compulsion of facts, which affected the conclusion of the judgment. (b) The sentencing of the court below of unfair sentencing (one year of suspended sentence for
2. Determination on the grounds for appeal
A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court, on the ground that the Defendant asserted the same as the grounds for appeal in this part of this part of the judgment of the lower court, and rendered judgment