성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
The prosecutor's appeal is dismissed.
1. In light of the summary of the grounds for appeal (misunderstanding of facts), the victim D, who was suffering at the time, was more than the original am, but the Defendant included his am in the amb, and the Defendant was about 30 seconds, as the Defendant was able to use ambam, it seems clear that the Defendant intentionally ambam, and that the victim has no reason to make a false statement against the Defendant, the victim’s credibility of the victim’s statement can be acknowledged.
In addition, based on the above statement of the injured party, it is difficult for the injured party to see that the injured party's hand knife into or rhet with his knife, and it is difficult to see that the injured party's knife with his knife.
Therefore, the judgment of the court below which acquitted the defendant as to the facts charged of this case is erroneous in the misapprehension of facts.
2. Determination
A. In full view of the following circumstances acknowledged by each evidence duly adopted and investigated by the lower court, the lower court determined that the evidence submitted by the prosecutor alone proves that the Defendant’s her mort was caused by the Defendant’s intentional indecent act by the Defendant was beyond reasonable doubt.
It is difficult to see that there is no other evidence to acknowledge it, and thus, the court rendered a verdict of innocence on the facts charged of this case according to the latter part of Article 325 of the Criminal Procedure Act
1) The victim is on board the police station’s flag from the G station to the flag.
There was only one person in front of the elderly and the elderly in the entrance, and thereafter, the window was reported later, and the first person could not be able to knife due to the reason that he did not knife.
At the time, the subway was very large in people, so it was thicked.
Mambly, he thought that her would be shopping white, but he/she continues to be her her but her her.