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(영문) 서울남부지방법원 2020.06.16 2019노816
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the victim on the ground of some pages of video images, even though the facts charged are fully recognized according to the consistent and detailed statements of the victim and witness statements by the control police officer, is erroneous in the misunderstanding of facts.

2. In full view of the circumstances indicated in its reasoning, the lower court determined that each of the statements by the victim and the control police officer, which correspond to the facts charged in the instant case, is difficult to believe as they are, and the evidence submitted by the prosecutor alone, committed indecent act against the

The court determined that it is difficult to recognize that there was an intentional indecent act by force on the part of the defendant or the defendant.

In light of the records, a thorough examination of the judgment of the court below is just, and the prosecutor's assertion as to it is without merit.

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

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