성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal may be recognized that the accused commits an indecent act against the victims in the subway;
Nevertheless, since the court below acquitted the facts charged of this case, it erred by misapprehending the facts.
2. The lower court, on the grounds indicated in its reasoning, determined that the statements by police officers, who were victims and witnesses, are inconsistent, contradictory, or based on a subjective judgment, and thus, they cannot be trusted as they are, or lack of probative value as evidence for the recognition of the facts charged of this case, and the evidence submitted by the prosecutor alone is insufficient to deem that the facts charged of this case was proven without reasonable doubt, and there is no other evidence to acknowledge otherwise.
Examining the above judgment of the court below after comparing it with the records, the judgment of the court below seems to be justifiable, and there is no error of misconception of facts as alleged by the prosecutor.
Therefore, the prosecutor's above 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.