logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.10.08 2015노1969
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the Prosecutor’s summary of the grounds for appeal, the charge that the Defendant committed an indecent act by force against the victim (hereinafter “instant charges”) around June and October 2013 can be sufficiently recognized.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous and adversely affected the conclusion of the judgment.

2. The lower court rendered a not guilty verdict on this part of the facts charged on the ground that the victim’s statement, which corresponds to the facts charged, cannot be deemed as having high probative value beyond a reasonable doubt as to the truth and accuracy, and the evidence presented by the prosecutor alone is difficult to deem that this part of the facts charged is proven beyond a reasonable doubt, and there is no other evidence to acknowledge this.

Examining the evidence duly adopted and examined by the court below in light of the records, the above judgment of the court below is just, and there is no error of misapprehending the facts and affecting the conclusion of the judgment.

Therefore, prosecutor's assertion 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.

arrow