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(영문) 서울중앙지방법원 2020.2.6.선고 2019노1989 판결
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Cases

2019No1989 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a place of public gathering)

Indecent Acts in this section)

Cr. Defendant

A

Appellant

Prosecutor

Prosecutor

In order of prosecution, gambling video (public trial)

Defense Counsel

Attorney Park Jong-soo

The judgment below

Seoul Central District Court Decision 2018 High Court Decision 2405 Decided June 21, 2019

Imposition of Judgment

2020, 6.0

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

In full view of all the evidence, including the consistent statement of the victim, there is an error of misunderstanding of facts in the judgment of the court below that acquitted the defendant.

2. Determination

The lower court determined that it was difficult to view that the Defendant committed an indecent act, such as rhyming and spreading the victim’s her her mm in the subway in light of the reasoning of the lower judgment’s judgment in detail, and that it was not proven to the extent that there is no reasonable doubt. In light of the evidence duly adopted and investigated by the lower court, the lower court’s determination of not guilty of this part of the facts charged is reasonable and acceptable, and there is no illegality that affected the conclusion of the judgment by misunderstanding the facts.

3. Conclusion

The prosecutor's appeal is dismissed for lack of reason.

Judges

Newly appointed judges of the presiding judge;

Judge Lee Young-young

Judges Kim Dong-dong

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