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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the defendant can be found to have committed indecent acts by making the victim G in the front line of subway No. 3.
Nevertheless, the judgment of the court below that the facts charged of this case constitute a case where there is no proof of crime.
2. On February 23, 2015, the Defendant: (a) around 09:22, around the F Station located in Seocho-gu Seoul Seocho-gu Seoul, put the Defendant’s left hand in the front line of subway No. 3, which is operated to cover a high speed terminal station station in the front line of the subway No. 28 years old; and (b) laid down the Defendant’s knife onto the knife knife, and committed an indecent act against the victim in the means of public transportation, by placing the Defendant’s knife onto the knife knife.
3. The lower court rendered a judgment on the following grounds that the facts charged in the instant case constituted a case where there is no proof of crime, and rendered a judgment of innocence pursuant to the latter part of Article 325 of the Criminal Procedure Act.
Of the evidence submitted by the prosecutor, there are various legal statements of G and H, G’s written statements and CDs as evidence corresponding to the facts charged.
However, in full view of the following circumstances acknowledged by the record, G and H’s statements in the court are more reliable in light of the Defendant’s statement consistently denying the facts charged from the investigative agency to the court.
It is difficult to recognize it.
Therefore, the evidence submitted by the prosecutor alone proves that the facts charged in this case are beyond reasonable doubt.
It is difficult to see it.
가. G은 이 법정과 수사기관에 제출한 진술서에서 사건 당시의 상황에 관하여 “ 누군가 엉덩이를 쿡쿡 찌르듯이 툭툭 건드렸다.
At the first time, I think that it is not possible to go against the number, and we returned to confirm who is repeated several times.
There was no person, and there was an empty space.
After getting down from a high speed terminal station, the police officers will go behind.