beta
(영문) 수원지방법원 2018.01.23 2017노7091

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the summary of the grounds for appeal (misunderstanding of facts) and the evidence submitted by the prosecutor, the lower court acquitted the Defendant of the instant facts charged even though the Defendant was found to have committed an indecent act, such as taking the victim’s grandchildren, pottering, and tampt, etc., by misunderstanding the facts, thereby adversely affecting the conclusion of the judgment.

2. The lower court found the Defendant not guilty of the facts charged in this case, stating the grounds in detail.

Examining the above judgment of the court below in comparison with the evidence duly adopted and investigated, the judgment is just, and there is no error of misconception of facts, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.