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(영문) 부산지방법원 2020.11.13 2020노705
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual error) by the Prosecutor, the fact that the Defendant forced the victim to commit an indecent act can be fully acknowledged as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The lower court rendered a not guilty verdict on the instant facts charged on the grounds that it is difficult to deem that the evidence submitted by the prosecutor alone was an indecent act against the victim as stated in the instant facts charged, on the grounds that it was difficult to view that the Defendant committed an indecent act against the victim as indicated in the instant facts charged.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is justified, and even considering the results of the examination of witness P and the contents of the recording file CD and the recording document, there is no error of law by misunderstanding facts, as alleged by the prosecutor, which affected the conclusion of the judgment.

Therefore, prosecutor's assertion is without merit.

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

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