준강제추행
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal is consistent with the second witness examination in an investigative agency to the court of the court below, and the circumstances after a crime are also consistent with the victim's statement, despite the fact that it can be sufficiently recognized that the facts charged in this case are consistent with the victim's statement, the court below erred by misapprehending the fact that the defendant and the victim's cell phone analysis (see, e.g., Supreme Court Decision 150, 272 pages 150, 272 of the evidence record) believed that only the defendant's defense against which credibility is doubtful is doubtful, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The prosecutor is responsible for proving the criminal facts charged with false accusation, and the recognition of the criminal facts must be based on the evidence with probative value to the extent that there is no reasonable doubt. Therefore, if there is no such proof, the defendant is suspected of guilty.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2005Do4737 delivered on February 24, 2006, etc.). B.
Based on the above legal principles, the court below found the defendant not guilty of the facts charged in this case on the grounds that the facts and circumstances stated in its holding are insufficient to deem that there is sufficient proof to the extent that there is no reasonable doubt as to the facts charged in this case, and that there is no other evidence. Even if the prosecutor conducts a thorough examination by comparing the records including the circumstances especially emphasized in the trial, the court below's decision that acquitted the defendant of the facts charged in this case on the ground that there is insufficient evidence to prove the facts charged in this case, and there is no error of law of misunderstanding of the facts alleged by the prosecutor.
3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.