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(영문) 부산지방법원 2020.05.29 2019노3050
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the fact that the defendant forced the victims to commit an indecent act can be fully acknowledged as stated in the facts charged in the instant case.

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The lower court found the Defendant not guilty of the instant facts charged on the ground that it is difficult to view that the evidence submitted by the prosecutor alone alone was proven to have committed an indecent act against the victims of indecent act by compulsion without any reasonable doubt, in light of the circumstances acknowledged by the records of the instant case.

Examining the above judgment of the court below after comparing it with records, the judgment of the court below is justified, and contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.

The prosecutor's assertion of mistake is without merit.

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

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