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The prosecutor's appeal is dismissed.
Reasons
1. Comprehensively taking account of the evidence submitted by the prosecutor, such as the victim's statement, etc., which has the gist of the grounds for appeal, the court below found the defendant guilty of all the charges of this case, although it could sufficiently recognize the fact that the defendant committed sexual harassment by force and a sense of sexual humiliation. The court below erred by misapprehending the legal principles.
2. Determination
A. The summary of the facts charged is that the Defendant is a person living together with the victim in a de facto marital relationship with the victim B (n, 18 years of age) in a de facto marital relationship with the victim B, and the victim was judged as Grade III of the intellectual disability.
1) On May 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion on Relatives) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by indecent act against the disabled) committed sexual harassment against the victim, who violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, on the ground that he/she reconcepts the victim’s cellular phone in a prefabricated-type house located inside the territory of Yongnam-gun, Yongnam-gun, Mannam-gun, D, and in dialogue with the victim, “I am am about the victim’s body by hand after the victim’s own, and forced him/her to take the victim’s chest and negative part in the victim’s chest. Accordingly, the Defendant committed an indecent act by force against the victim who was de facto related with the
Nevertheless, the Defendant, on October 2017, up to December 2017, 2017, told the victim in the Defendant’s house located in Yongnam-gun, Yongnam-gun, Youngnam-gun, “I am see that there is only two cases in our country. Sha, while making shower, I am see whether I am in a sexual flag. I am see it.”
Accordingly, the defendant committed sexual harassment against the victim with intellectual disability to feel sexual humiliation.
B. The lower court’s judgment is limited to the burden of proof of criminal facts and the statement of the victim in a criminal trial as stated in its reasoning.