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