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(영문) 서울중앙지방법원 2020.08.21 2019노3935

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, such as the statement of the victim of the grounds for appeal, the facts charged in the instant case can be acknowledged, but the judgment of the court below that acquitted the defendant is erroneous in misconception of facts.

2. The court below stated in paragraph 2 of the judgment of the court below in detail the judgment on the facts charged, and found the defendant not guilty on the ground that it is difficult to prove that the defendant committed indecent act by force, as stated in the facts charged only by the evidence submitted by the prosecutor, to the extent that there is no reasonable doubt as to the fact that the defendant committed indecent act by force as stated in the facts charged, and a thorough comparison with the records of the evidence in this case, the above judgment of

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.