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The prosecutor's appeal is dismissed.
Reasons
1. In full view of the summary of the grounds for appeal (the fact-finding) and the statements of witnesses, the defendant can recognize the fact that the defendant commits an indecent act against the breathe petitioner as described in the facts charged of this case.
2. The first prosecutor brought a public prosecution on the grounds of appeal that “the Defendant committed indecent act, such as buckbucks by inserting hand in the fucks of the Appellants, by hand on the floor of hand,” which read that “the Defendant committed indecent act against the Appellants.”
In light of the record, most of the investigation and the examination process of the court below focuses on determining “whether the defendant puts hand in the knife in the knife of the Appellant and caused bucks.”
On the other hand, after the examination of witness is completed in the court below, the prosecutor changed the facts charged that "the defendant committed an indecent act against the petitioner, such as taking the victim's hand and knife that the petitioner's shoulder and knife would occur." This seems to have been changed based on CCTV's behavior.
As to the changed facts charged, the court below explained in detail the "a petitioner who was before and after the instant case and the defendant's behavior" recognized by the record, and determined that "the defendant's act of spreading the petitioner's shoulder and the defendant's shoulder, etc. is reasonable to view that the defendant's act of taking the petitioner's arms is an act of aiding the petitioner's body beyond his body."
A thorough examination of this case by comparing it with the records of this case, the judgment of the court below is just and acceptable.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.