성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal’s statement by the victim, the Defendant committed an indecent act against the victim as described in the facts charged.
2. The following circumstances acknowledged by the lower court’s judgment as to the grounds for appeal and the evidence duly examined by the court below, namely, ① the victim was not identified as one who committed an indecent act on his own at the time of committing an indecent act, such as the written facts charged, from a person who was behind the bus on the bus. After the commission of an indecent act, the victim took a seat at the bus that he was seated in order to get out of the bus and was seated, and then the defendant was able to think that he was an indecent act on his own. At the time of the bus, there was no evidence suggesting that there was an indecent act on his own by the victim on his own by considering that there was insufficient evidence to acknowledge that the victim was an indecent act on his own by the victim on his own, and that there was no evidence suggesting that there was an indecent act on his own by the victim on the bus after the victim was committed on his own.
Therefore, the judgment of the court below is just and acceptable, and the 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.