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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the evidence submitted by the prosecutor, including witness B’s statement in the summary of the grounds for appeal, the court below found the defendant guilty of an indecent act against the victimized woman as stated in the facts charged, but the court below erred by misunderstanding of facts against the defendant.
2. Determination
A. At around 19:03 on June 1, 2018, the Defendant committed an indecent act on approximately two minutes of the instant charges by using a gap in the train located in the 117-21 new forest station, Guro-gu Seoul, Guro-gu, Guro-gu, Seoul, in a 351 large forest basin, in a new-ro 117-21 large-scale string-ro, Guro-gu, Seoul, with a luxing gap in the surrounding areas, with a luxing lux attached after the damaged female who wears a white luxralization, and by using his sexual flag and luxle hand, with his her lux and luxing lux
As a result, the defendant committed sexual indecent act that causes sexual humiliation to victimized women in a densely concentrated place.
B. The lower court found the Defendant not guilty of the facts charged on the ground that the aforementioned evidence is insufficient to recognize that the Defendant intentionally contacted the victim’s body parts and commits an indecent act, although there were images of the crime at the time of the witness’s statement and the criminal records as shown in the facts charged in the instant case, and there is no evidence to acknowledge otherwise.
C. In a criminal trial for a trial for a trial of a party, the recognition of facts constituting an offense ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to the prosecutor’s above conviction, the determination should be made in the interests of the defendant even if there is suspicion of guilt, such as the defendant’s assertion or defense contradictory or uncomfortable dismissal.
(see, e.g., Supreme Court Decision 2010Do14487, Apr. 28, 2011). Meanwhile, indecent act is objectively sexual humiliationd to the general public.