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(영문) 부산지방법원 2015.04.24 2015노687

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below found the defendant not guilty on the grounds that the victim's statement was insufficient to recognize the facts charged of the public performance and obscenity, in the criminal identification procedure, because the victim alone replaced only the person who was the defendant with the victim in the criminal identification procedure, and the victim stated that the face of the suspect was not accurately seen. However, the victim's detailed and accurate statement about the appearance of the suspect was made, and the victim was designated as the criminal at the time of the birth of memory after the formation of the case, and therefore, the facts charged of the public performance and obscenity against the defendant was sufficiently proven. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. In short, the court below found the defendant not guilty of the facts charged of the public performance and obscenity. The following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the defendant first met the victim and met the suspect in a public performance and obscenity case that occurred in a similar area after the arrest of the suspect in the act of indecent act by compulsion, and the police was prosecuted as the facts charged of public performance and obscenity solely based on the victim's statement that the defendant met. ② The victim stated in the court of the court of the court of the court that the suspect's face was not accurately seen, ② the victim stated that the defendant could not accurately see the suspect's face at the time of the case, and the victim stated that the defendant was aware of the fact that the defendant's new face was reported, but the record of the victim's receipt of the 112 case was not mentioned or mentioned, ③ the police conducted the criminal identification procedure after the formation of the case.