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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1 did not commit an indecent act against the victim D with regard to the indecent act by compulsion. Nevertheless, the lower court found the Defendant guilty of this part of the facts charged on the sole basis of the victim’s statement without credibility. In so doing, the lower court erred by misapprehending the facts or misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. (2) Although the Defendant made an insulting speech to the victim F, although the Defendant’s horses were true, the police officers different from D and police officers did not constitute a crime of insult because they did not have any possibility of spreading the content thereof to the unspecified or many.
B. Prosecutor 1) The road, which is the scene of the instant crime claiming a misunderstanding of facts, is highly likely to be recognizable by many people, and the Defendant’s desire to take a large volume in the vehicle is sufficient. Nevertheless, the lower court rendered a verdict not guilty of the charge of insult against the victim D on the ground that the police officers at the scene of the instant crime could not spread the content to the unspecified or many people. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentencing (a fine of KRW 4 million, a sexual assault treatment program program program program program program program program program program program program program program program program program program program program program program program program
2. Judgment on the grounds for appeal by the defendant
A. In full view of the following circumstances acknowledged by the evidence duly admitted by the court below as to the indecent act by compulsion, the victim D’s statement is deemed to have high credibility, and the defendant can sufficiently be found to have committed an indecent act against the victim as stated in this part of the facts charged, so the court below's judgment convicting the defendant of this part of the facts charged is justified, and it is erroneous and erroneous, as alleged by the defendant.