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The prosecutor's appeal is dismissed.
Reasons
1. In light of the purport of the grounds for appeal (misunderstanding of the facts) consistent with the victim’s statement, and the Defendant also stated in the prosecutor’s office to the effect that “the son may have contacted the victim’s chest,” the charges of this case are found guilty.
Nevertheless, the court below ruled the defendant not guilty, and the court below erred by misunderstanding the facts.
2. Determination
A. On October 31, 2014, the Defendant: (a) around 21:50 on October 31, 2014, at the “E” drinking house operated by the victim D (n, 46 years old); (b) demanded the credit of the victim; and (c) brought two cases of the victim’s chests to the victim who refuses the credit; (d) the victim took the hand of the Defendant’s hand; and (e) the victim took the Defendant’s hand and restrains it; and (e) forced the victim to commit an indecent act by force.
B. The lower court determined that the Defendant committed an indecent act by force on the part of the evidence presented by the Prosecutor.
The facts charged in this case were acquitted on the ground that there is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.
(c)
The Defendant’s assertion 1) The Defendant asserted that “The main point of the E-ray operated by the injured party (hereinafter “instant main point”) was different from the injured party, but there was no fact that the injured party’s chest or urine was satisfed.” The Defendant denied the facts charged in the instant case.
2) In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant intentionally delivered the victim's chests twice as stated in the facts charged in the instant case, and that the defendant committed an indecent act by force against the victim by deceiving the victim's son's side loss, and there is no other evidence to acknowledge it.
A) The victim, in the investigative agency and the court of original instance, refers to the Defendant’s desire to enter the main place and avoid disturbance.