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(영문) 서울남부지방법원 2020.08.27 2018노2539
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the gist of the grounds for appeal recognizes the credibility of the victim’s statement that the Defendant committed an indecent act against the victim, the lower court erred by misapprehending the credibility of the statement and thereby not guilty of the facts charged, thereby adversely affecting the conclusion of the judgment.

2. The lower court found the Defendant not guilty on the ground that it is difficult to recognize the credibility of the victim’s statement because the evidence submitted by the prosecutor alone is difficult to recognize the credibility of the victim’s statement.

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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