2019No2955 Indecent Act by compulsion

A

Prosecutor

Maternity (prosecution) and fingers (public trial)

Attorney Lee Dong-ho (Korean)

Busan District Court Decision 2018Dadan2141 Decided August 29, 2019

May 29, 2020

The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal;

According to the evidence submitted by the prosecutor, it can be fully recognized that the defendant committed an indecent act by force as shown in the facts charged in the instant case. The judgment of the court below which acquitted the victim of the instant facts charged is erroneous in the misapprehension of facts and the conclusion of the judgment

2. Determination

In light of the circumstances stated in its holding, the lower court found the Defendant not guilty of the facts charged of the instant case on the ground that the evidence alone presented by the prosecutor alone is insufficient to recognize that the Defendant intentionally assaulted the victim’s her butt will or committed an indecent act by placing the Defendant’s her mbbbbbbbbs in the victim’s

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. Conclusion

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

The judges of the presiding judge and South Korea

Judges Kang Sung-young

Judges Yu-ju