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Reasons
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(영문) 대구고등법원 2013.05.15 2012노320
강제추행
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The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below erred in the misunderstanding of facts on the premise that the defendant only sold the victim's goods in the middle and that the chest was not clear, but because according to the victim's assertion and CCTV, the defendant's damage, etc. was clearly recognized on the chest of the victim, and the fact that the defendant delivered the arms is clearly recognized, it is erroneous in the misunderstanding of facts, which affected the conclusion of the judgment.

B. The court below erred in the misapprehension of legal principles by putting the chest under the victim's chain with the finger, cutting the arms, putting them on the chest and rhyming them on the chest, and acquitted the Defendant on this to the extent of sexual harassment which does not reach the degree of indecent act by compulsion, but in light of the general sexual idea and social circumstances, the act to the same extent is clearly constituted indecent act by compulsion. The above misunderstanding of legal principles also affected the conclusion of the judgment.

2. Determination

A. The Defendant in the facts charged in the instant case is a person working as an employee of a golf course located in the F of the Gyeongdong-gun, and the victim E (n.e., the age of 20) is a person working as an employee of a golf product store in the instant golf course.

On September 3, 2011, from around 18:55 to 19:19 of the same month, the Defendant committed an indecent act on the part of the victim by forcing him to report the victim who was outside of the cater to commit an indecent act in the said golf instruments shop, with the left hand hand of the victim, write the victim's left chest, write the victim's left chest with his left hand, cutting the victim's right hand, cutting down the victim's chest, and talking the victim's chest.

B. The lower court determined as follows: (a) the instant facts; (b) the Defendant’s act, in particular, the Defendant’s act, on September 3, 201, 19:00:00, 19:00; (c) the Defendant left the left part of the victim’s left part; (b) on the same day 19:19:09, 19:00, 19:00, 19:00, 19:00; and (c) the Defendant took part of the victim’s part of the part of the victim’s teteteteton with his left hand; and

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