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(영문) 부산지방법원 2020.04.24 2019노2417
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds for appeal (the factual errors and misapprehension of the legal principle) and the evidence submitted by the prosecutor, the defendant sufficiently recognizes the fact that the victims were forced to commit an indecent act as stated in the instant facts charged.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2. The lower court rendered a not guilty verdict on the instant facts charged on the ground that it is difficult to deem that the evidence alone presented by the prosecutor alone was proved without reasonable doubt that the Defendant committed an indecent act against the victims, such as the instant facts charged, based on the circumstances indicated in its reasoning, based on the records of the instant case.

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is justified. Contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts or by misunderstanding the legal principles, which affected the conclusion

Therefore, prosecutor's assertion 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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