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(영문) 대전지방법원 2016.08.17 2016노1243
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts and misapprehension of the legal principles) is that the Defendant found Nowon-gu and there is no circumstance to see that the Defendant’s bucks in contact with the victim’s bucks, and the Defendant intentionally spreaded the victim’s bucks.

The defendant's act is an indecent act that causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus constitutes an indecent act that infringes on the victim's sexual freedom.

However, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and legal principles.

2. The following circumstances acknowledged by the lower court based on the evidence duly adopted and examined by the lower court, i.e., the lower court’s back seat photographs of high-speed bus accompanied by an investigation report (an investigation into the inside seat structure of a bus), that is, the Defendant and the victim’s seat overlap two. However, it cannot be readily concluded that the Defendant and the victim’s seat overlap with one another. However, the victim cannot be said to be a distance to the extent that he/she can intentionally contact with his/her hand, and the victim’s body is relatively relatively difficult due to the lack of body of the Defendant’s continuous elbow.

In light of the fact that the Defendant’s sale appears to have been highly likely to contact the victim’s bucks by making a statement to the purport that “the lower court determined that there was a lack of evidence to acknowledge the intention of forced indecent conduct on the grounds as stated in its reasoning, and found the Defendant not guilty.

Therefore, the lower court did not err by misapprehending the facts or by misapprehending the legal principles as pointed out by the prosecutor, and the prosecutor’s above assertion is without merit.

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

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