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The prosecutor's appeal is dismissed.
Reasons
1. According to the summary of the grounds for appeal, the facts charged in this case are sufficient to prove the crime, but the court below acquitted the victim of the facts charged in this case. The judgment of the court below is erroneous in the misunderstanding of facts.
2. Determination
A. A. Around August 9, 2015, the summary of the facts charged: (a) around 08:30, the Defendant: (b) placed the victim C (a) in Goyang-gu, Soyang-gu (a 54-year-old)’s “Dju shop” special room for the operation of the victim C (a person under the age of 54); (c) demanded the calculation of the drinking value; (d) placed the victim on a sofa, placed the victim’s body in a sofa, and prevented the victim from breaking the victim’s body on the part of the victim; and (d) placed the victim’s finger in the victim’s sexual organ and putting the victim’s finger in a treatment microfa, with a refa
B. 1) The lower court acquitted the Defendant of the facts charged on the grounds that the evidence submitted by the prosecutor, such as the victim’s statement, etc., alone, is difficult to deem that the facts charged were proven to the extent that it excludes a reasonable doubt. 2) The burden of proving the facts charged in a criminal trial lies in the prosecutor’s burden of proving the facts charged, and the finding of guilt ought to be based on the evidence with probative value sufficient for the judge to have a reasonable doubt that the facts charged are true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, the suspicion of
Even if there is no choice but to judge the interests of the defendant.
(see, e.g., Supreme Court Decision 2009Do1151, Jul. 22, 2010). 3 Defendant consistently denied the aforementioned charges from an investigative agency to a trial.
Among the evidence submitted by the prosecutor, in order to admit the defendant as guilty of the above facts charged on the basis of the victim's statement that can be directly proved by the above facts charged, the content of the victim's statement itself.