강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts) can be recognized as objective evidence (CCTV) that the Defendant had the victim as stated in the facts charged. Although the Defendant committed the crime within a very short period of time, the Defendant’s intent to commit indecent act by force can be sufficiently recognized in light of the method of the crime, etc.
However, the judgment of the court below which acquitted the defendant.
2. Examining the circumstances presented by the lower court on the grounds of innocence in light of the evidence and the record, the lower court was justifiable to have rendered a not-guilty verdict on the charges of indecent conduct in the instant case.
3. The appeal by the conclusion prosecutor is dismissed.