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(영문) 대전지방법원 2018.07.11 2017노3822
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) the victim’s statement in the summary of the grounds for appeal is consistent and consistent with the witness F’s statement; and (b) the victim’s statement is recognized as reliable; and (c) the victim’s complaint is delayed; (d) despite the fact that the defendant committed an indecent act against the victim, the court below acquitted the victim of the facts charged in the instant case, which erred by mistake

2. Determination

A. The lower court rendered a not guilty verdict on the facts charged of this case on the grounds that it is difficult to believe the statements made by the victim and F and the remaining evidence submitted by the prosecutor alone did not prove that the Defendant forced the victim to commit an indecent act without any reasonable doubt.

B. Examining the above judgment of the court below closely by comparing it with records, the judgment of the court below is just and acceptable, and there is a prosecutor's error of misconception of facts or of misunderstanding of legal principles as alleged in the grounds for appeal.

It is not recognized.

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

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