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(영문) 광주고등법원 (전주) 2018.10.30 2018노102
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal rejected the statements of the victims with credibility without considering the characteristics of the juvenile at the age of 15 and without considering the special characteristics of the place of crime and the situation of the crime, and acquitted the victims of the charges of this case. The court below erred in the misapprehension of facts.

2. Examining the reasoning of the judgment of the court below in comparison with the evidence duly adopted and examined by the court below, the court below's finding the defendant not guilty on the ground that it is not sufficient for the victims and I to have credibility of the statements of the victims and I and the evidence submitted by the prosecutor alone are true enough to the extent that there is no reasonable doubt, and there is no other evidence to prove the facts charged, and there is an error of law by mistake as alleged by the prosecutor.

subsection (b) of this section.

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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