성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. According to the summary of the grounds of appeal by the prosecutor, although the defendant could sufficiently recognize the fact that the defendant committed an indecent act by force as stated in the facts charged in the instant case, the court below acquitted the victim of the facts charged, which erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. The lower court rendered a not guilty verdict on the instant facts charged on the ground that it is difficult to view that the evidence alone presented by the prosecutor alone was proved without reasonable doubt that the Defendant intentionally committed an indecent act against the victim, such as the facts charged in the instant case, based on the circumstances indicated in its reasoning, based on the records of the instant case
Examining the above judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the judgment of the court below is justified. Contrary to the prosecutor's assertion, it did not err by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
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.