beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal (the factual error) is as follows: (a) the victim was unaware of the Defendant at all; (b) the circumstances leading up to the Defendant’s designation as the offender; (c) the time interval between the indecent act by compulsion and the Defendant’s act of indecent act by compulsion until the Defendant was designated as the offender; and (d) the victim’s attitude of consistent victim’s statement thereafter after the instant case is recognized as credibility; and (b) the Defendant is sufficiently aware of
2. The recognition of facts constituting an offense in a criminal trial ought to be based on strict evidence with probative value, which makes a judge not to have any reasonable doubt. Thus, in a case where the prosecutor’s proof fails to fully reach the extent that the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant even if there is suspicion of guilt, such as where the defendant’s assertion or defense is inconsistent or unreasonable.
(2) The lower court found the Defendant not guilty on the ground that the evidence presented by the prosecutor comprehensively taking account of the circumstances in its holding is difficult to deem that the instant facts charged constitute an indecent act by force against the victim to the extent that there is no reasonable doubt, and that there is no other evidence supporting the Defendant as guilty of the instant facts charged.
In light of the aforementioned legal principles, a thorough examination of the records of this case is consistent with the court below’s reasoning, and the court below’s judgment that acquitted the Defendant of the facts charged of this case is also justified.
The circumstances alleged by the prosecutor as the grounds for appeal do not reach the extent that the reasonable doubt raised by the lower court is sufficiently resolved with respect to the facts charged in this case.
3. In conclusion, the prosecutor's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.