강제추행
The prosecutor's appeal is dismissed.
1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the fact that the defendant committed an indecent act against the victim as stated in the instant facts charged is recognized.
Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous.
2. The lower court, based on the detailed circumstances in the item of “2. Determination” of the judgment, determined that “The victim’s statement directly admitted as evidence to the facts charged of this case is flexible, but considering the various circumstances, it is difficult to readily believe the victim’s statement, and that the victim did not have sexual contact with the victim who was the victim’s truth, even though it was not sexual contact.”
Even if it is necessary, it is difficult to eliminate the possibility that the victim would have allowed sexual physical contacts between the defendant and the defendant, and the defendant forced the victim to commit an indecent act as stated in the facts charged, or forced the defendant to commit an indecent act.
Inasmuch as it cannot be readily concluded, and there is no other evidence to acknowledge it, the instant facts charged was acquitted.
In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as pointed out by the prosecutor.
subsection (b) of this section.
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.