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(영문) 서울서부지방법원 2019.08.22 2018노1561

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) and the evidence submitted by the prosecutor, the court below found the defendant not guilty of the facts charged in this case, despite the fact that the defendant committed an indecent act against the victim as shown in the facts charged, is erroneous in the misapprehension of legal principles

2. The lower court determined that the evidence presented by the Prosecutor on the grounds of the circumstances stated in its reasoning is insufficient to recognize that the Defendant was proven beyond reasonable doubt that the Defendant had committed an indecent act with the intent to commit an indecent act, and that there was no other evidence to acknowledge that there was no other evidence.

Although examining each of the circumstances presented by the court below compared with the records of this case, it is not sufficient to recognize that the evidence presented by the prosecutor including the victim's statement was an indecent act with the intent to commit an indecent act, and there is no other evidence to acknowledge that the defendant committed an indecent act with the victim.

Therefore, we affirm the judgment of the court below as just and there is no error of law by misunderstanding facts or by misunderstanding the legal principles on the rules of evidence, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.