강제추행등
The prosecutor's appeal is dismissed.
1. Since credibility of the statement of C and E, the injured party, the summary of the grounds for appeal (the injured party) can be acknowledged, the Defendant committed an indecent act by force against C at the time and place specified in the facts charged.
It is recognized that all the facts of inflicting injury upon C and assaulting E are recognized.
2. The first instance court’s judgment was clearly erroneous when it was intended to re-examine the first instance court’s judgment and subsequently determine it ex post facto, although there was no objective reason to affect the formation of a documentary evidence in the process of the trial.
There should be reasonable grounds to deem that the argument leading to the fact-finding is remarkably unfair due to the violation of logical and empirical rules to maintain the judgment as it is, and without such exceptional circumstances, the judgment on the fact-finding of the first instance court should not be reversed without permission (see Supreme Court Decision 2016Do18031, Mar. 22, 2017). There is no objective reason that may affect the formation of a new conviction in the trial, and there is no reasonable ground to deem that maintaining the judgment of the lower court is remarkably unfair when comparing the evidence duly adopted and examined by the lower court with the content of the lower court’s reasoning.
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 as it is without merit. It is so decided as per Disposition.