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(영문) 서울중앙지방법원 2020.11.27 2020노716

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the judgment of the court below that acquitted the defendant on the ground that the defendant committed an indecent act by force against the victim is erroneous in the misapprehension of facts.

2. The court below made a judgment not guilty on the ground that it is difficult to conclude that there is no reasonable doubt as to the fact that the defendant committed an indecent act against the victim, such as the evidence submitted by the prosecutor alone, among the reasons for the judgment, the judgment of the court below is just and it is not recognized that the court below erred in misunderstanding of facts as pointed out by the prosecutor. In light of the records, the court below's aforementioned judgment is justified and it is not recognized that there was a mistake of facts as pointed out by the prosecutor.

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.