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(영문) 서울중앙지방법원 2017.10.19 2017노2793

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles), the court below found the Defendant not guilty on the facts charged of this case, but erred by misapprehending the legal principles and misconception of the facts.

2. The lower court rejected the credibility of the victim’s statement, which corresponds to the facts charged in the instant case, based on its stated reasoning.

When examining the reasoning of the court below closely with the records of this case, the court below's decision is acceptable.

We cannot accept the prosecutor's factual mistake and misapprehension of legal principles.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.