강제추행등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) and the admissibility of the protocol of statement prepared by the judicial police officer against the victim E should be recognized. According to the evidence submitted by the prosecutor, the defendant can sufficiently recognize the facts of assaulting the victim and indecent act by compulsion as stated in the instant
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
2. The lower court found the Defendant not guilty of the instant facts charged on the ground that the prosecutor’s proof alone does not admit the admissibility of the evidence of the record prepared by the judicial police officer against the victim E, and the other evidence submitted by the prosecutor alone cannot be deemed proven to the extent that the Defendant committed assault against the victim and committed an indecent act by force, as stated in the instant facts charged, to the extent that there is no reasonable doubt that the Defendant committed an indecent act by force.
Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified. Contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion
Therefore, prosecutor's assertion is without merit.
3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.