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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds of appeal in this case cited by the court below for the main reasons of not guilty, and since the video does not have detailed contact status and overall conditions, it cannot be viewed as evidence to determine that there was no intentional indecent act, only by the video itself, and it cannot be viewed as evidence to dismiss the credibility of the statements made by the victim and witness, while it was difficult for the victim to have intentionally contacted the body of the criminal defendant.
A witness has made a clear statement, and he also made a statement in the circumstance that the defendant seems to have contacted his body, and he can sufficiently recognize that the defendant had the intention of forced indecent act.
Nevertheless, the judgment of the court below which acquitted the charged facts of this case is erroneous.
2. The lower court determined that the instant facts charged constituted a case where there is no proof of crime on the grounds as indicated in its reasoning.
In the court of the court below, G stated that the Defendant’s grandchildren, etc. are knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kn's body
According to the evidence images, the defendant stated that he was able to keep one hand at the height of his chest within the dynamics that he acquired by passengers and maintained a certain distance from G, etc., depending on the number of passengers, and the distance between the defendant and G was somewhat narrow, and the distance between the defendant and G was somewhat narrow compared to the distance between the defendant and other passengers of G.
In light of the circumstances such as the fact that the evidence submitted by the prosecutor alone proves that there was an intention to commit an indecent act against the defendant without any reasonable doubt.
It is difficult to see it.
B. We examine the reasoning of the court below to this purport closely with the records of this case, and we agree with the judgment of the court below. Thus, the prosecutor's assertion is without merit.
3. In conclusion, the Prosecutor’s appeal is justified.