beta
Text
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. Of the judgment of the court below on the summary of the grounds of appeal, the defendant committed an indecent act by compulsion, and even though the defendant did not see the part of the victim's chest during the punishment of the victim, he was guilty of this part of the facts charged, the court below erred by misapprehending the legal principles.
2. Determination
A. The summary of the facts charged in the part of the indecent act by compulsion was “E” restaurant operated by the Defendant on October 23, 2013 by the Mapo-gu Seoul Mapo-gu Seoul Victim D (Woo, 27 years of age) on the ground that the Defendant was unable to use female toilets in the restaurant, and the victim was in dispute with the victim on his own hand, and the victim was forced to commit an indecent act by force.
B. The lower court rejected the Defendant’s assertion that the Defendant was guilty of this part of the facts charged on the basis of the victim’s and F’s testimony, accusation, etc. as evidence, and that there was no fact that the victim’s shoulder was broken, on the grounds that the victim made a specific and consistent statement on the circumstances and circumstances of the indecent act committed in the court, the circumstances and process reported to the investigation agency, and that the victim’s intent of indecent act was high in light of the victim’s act’s behavior and circumstances at the time.
C. However, the lower court’s determination: (a) the evidence submitted in the trial and various circumstances acknowledged by the record, such as the testimony of the lower court, and the evidence submitted in G’s trial; (b) the victim, at the accusation site and the police’s statement immediately after the instant case, made a statement that the Defendant was “bruting” the chest part of the trial. However, the victim mainly stated the part of the Defendant’s bath and assault as a matter of the use of toilets; (c) the victim submitted a written complaint concerning the part of the indecent act by compulsion on October 17, 2013, which is the first day of the instant case.