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(영문) 서울중앙지방법원 2015.11.27 2015노3791

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor, the gist of the grounds for appeal is sufficiently recognized.

2. The lower court found the Defendant not guilty of the facts charged on the ground that there is no evidence to support the Defendant’s act identical to that indicated in the facts charged, on the grounds that the interrogation protocol of the Defendant and the written indictment prepared by the Defendant by the police and the written indictment prepared by the Defendant are inadmissible, and the remaining evidence submitted by the prosecutor alone

In light of the circumstances in the court below's reasoning admitted by the evidence, the court below's above determination is just and acceptable, and there is no error of law of misunderstanding of facts as claimed by the prosecutor, even if the court below's decision on the credibility of the court's testimony in the court below is presented in light of the spirit of substantial direct deliberation.

Therefore, prosecutor's assertion is without merit.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.