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(영문) 의정부지방법원 2014.09.04 2013노2758
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

Reasons

1. Although the summary of the grounds for appeal recognizes the fact that the defendant committed an indecent act against the victim, the lower court erred by misapprehending the facts charged in this case and adversely affecting the conclusion of the judgment.

2. The following circumstances acknowledged by the judgment of the court below and the court of the trial duly adopted and examined by the evidence of the court below, i.e., ① the victim stated in the court of the court of the trial that “the defendant did not have a fluorly heated hand of the victim’s left hand, i.e., “a fluor, hand, or single fluor,” and the victim fluoredly fluoredly fluoredly fluorddly fluorddly fluords, the victim fluordds, and fluordddddddly son, and the victim fluorddly fluorddddddddddddddd son with the victim’s chest, and the defendant’s flud flud son’s son’s son’s son’s chest, etc., even though the victim’s son’s son’s flud son’s c.

Therefore, the judgment of the court below which acquitted the charged facts of this case is erroneous by misunderstanding the facts and affecting the judgment.

3. In conclusion, the prosecutor's appeal is reasonable, and it is in accordance with Article 364 (6) of the Criminal Procedure Act.

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