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The prosecutor's appeal is dismissed.
Reasons
1. In light of the summary of the grounds for appeal (the fact-finding witness), the contents of the report by telephone in 112, the statement in F’s investigation agency, etc., despite the fact that the defendant could have committed an indecent act against the victim as stated in the facts charged, the court below acquitted the facts charged in this case. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.
2. Determination
A. The burden of proving the facts charged in a criminal trial is to be borne by the prosecutor, and the conviction is to be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspect is suspected of guilt even in the absence of such evidence.
Even if there is no choice but to judge the interests of the defendant.
(See Supreme Court Decision 2010Do9633 Decided November 11, 2010, etc.). B.
In full view of the following circumstances admitted by the evidence duly admitted and investigated by the lower court and the lower court, there are doubtful circumstances on the Defendant.
Even if the evidence submitted by the prosecutor alone is insufficient to readily conclude that the defendant committed an indecent act against the victim as stated in the facts charged, and there is no other evidence to acknowledge it.
Therefore, the judgment of the court below which acquitted the Defendant of the facts charged of this case is just, and there is no error of mistake of facts as alleged by the prosecutor, and the prosecutor's above assertion is without merit.
(1) Circumstances doubtful the Defendant: (a) reported at the date, time, and place indicated in the facts charged, and at the place of 112, F told that “A man who is engaged in sexual harassment so as to make it difficult for him to commit sexual harassment.”
② F is the first time when a man or a woman gets on the floor and a man or a woman gets on the way to walk to a police officer at the instant site.