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(영문) 부산지방법원 2020.04.03 2019노2755

강제추행

Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the gist of the grounds for appeal is sufficiently recognized that the defendant committed an indecent act by force against the victim as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The lower court rendered a not guilty verdict on the instant facts charged on the grounds that it is difficult to deem that the evidence alone presented by the prosecutor alone was proved without reasonable doubt that the Defendant committed an indecent act against the victim, such as the instant facts charged, based on the circumstances indicated in its reasoning, based on the records of the instant case.

Examining the above judgment of the court below after comparing it with records, the judgment of the court below is justified, and contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.