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(영문) 서울남부지방법원 2020.09.17 2019노2135
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the defendant of the facts charged on the ground that the victim's indecent act was acknowledged as credibility of the statement made by the victim, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

2. The lower court acquitted the victim of the facts charged on the ground that it is difficult to recognize the credibility of the victim’s statement that he/she was indecent act by the Defendant in light of the circumstances indicated in its holding.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor’s assertion, the court below did not err by misapprehending the legal principles, or by

Therefore, the prosecutor's above assertion is without merit.

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

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