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(영문) 서울중앙지방법원 2019.07.25 2018노817
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is that the victim’s statement is somewhat changed to a mistake due to the limitation of memory according to the flow of time, etc. in the course of making a statement by more concreteizing the damaged fact, and it does not lead to the rejection of credibility of each of the above statements.

Nevertheless, the judgment of the court below which acquitted the victim and E on the charges of this case by rejecting the credibility of each of the statements in this case is erroneous in misconception of facts.

2. The judgment of the court below is based on the "2. Judgment of the court below", and the defendant's act committed against the victim to the extent of indecent act by force.

It was difficult to view that there was no reasonable doubt that there was the intention of indecent act by indecent act by indecent act by indecent act by indecent act by the defendant.

In light of the evidence duly adopted and examined by the court below, the court below's determination of not guilty of this part of the facts charged is just and acceptable, and there is no illegality that affected the conclusion of the judgment by misunderstanding the facts, and there is no illegality that affected the conclusion of the judgment by misunderstanding the facts.

3. The appeal by the prosecutor of conclusion is without merit.

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