2019Do3028 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts in this section)

A

Prosecutor

In order to file prosecutions, Kim Jong-hun (Trial)

Law Firm Gyeongpon

Attorney Park Young-young

Seoul Central District Court Decision 2019 High Court Decision 1159 Decided September 18, 2019

June 5, 2020

The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal;

According to the evidence submitted by the prosecutor, although the defendant was found to have committed an indecent act against three victims within the preceding vehicle of this case, the judgment of the court below which acquitted the defendant.

2. Determination

In a criminal trial, the burden of proving the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction should be based on evidence with probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a doubt about the defendant's guilt, the interest of the defendant should be determined.

With respect to this case, the court below stated in paragraph (2) of the judgment in detail the judgment of the above facts charged, and found the defendant not guilty on the ground that the evidence alone submitted by the prosecutor alone cannot be proven to the extent that there is no reasonable doubt about the defendant's indecent act against the victims as stated in the facts charged. In light of the records, the court below's aforementioned judgment is just and acceptable, and it does not seem that there was a mistake of mistake of facts as pointed out by the prosecutor in the judgment below.

Therefore, prosecutor's assertion is without merit.

3. Conclusion

Therefore, the prosecutor's appeal 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.

For the presiding judge and judge;

Judges Cho Jae-dae

Judge Fixed Number