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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the prosecutor's appeal is that the court below erred in finding the defendant not guilty despite the fact that the defendant committed an indecent act against the victim in the subway when comprehensively considering the victim's statement, etc.
2. Even if all the evidence duly admitted and examined by the court below were collected, it is not sufficient to acknowledge that the facts charged in this case were proven to the extent that there is no reasonable doubt, and there is no error in the misapprehension of the judgment of the court below finding the Defendant not guilty
A. Even in cases where the Defendant took four images from the subway to the point of time after getting off the subway, it cannot be found that the Defendant and the victim had been specially pushed in comparison with other passengers (the body part is more than that of the lower body part), and there is no page stated in the facts charged, “The Defendant’s hand and sexual bucks of the Defendant, without inserting their hand into the Australian machine, sealed the Defendant’s hand and sexual bucks on the part of the bucks and bucks and bucks.”
B. However, according to video images, although the victim's clothes can be divided into even if the victim's clothes can be seen in a purely fashion (i.e., the part of 3.OV, 5.5 minute 52 seconds of the same image) it does not appear to be fast or rained in the part of the victim's am, and the defendant's ambling for 8 seconds (i.e., the part: 3.OV, 3.MV, 6.3 to 11 minutes of the same image). However, although the defendant's ambling for 8 seconds (i.e., the part of the same image: 3.MV, 6.3 to 6 minutes), it appears that the prosecutor's ambuck part by hand only appears to be a behavior to cover the part of the victim's ambuck part, and it appears far far from the behavior to commit or commit indecent acts.
(c)
On the other hand, the defendant shows a favorable appearance, such as taking charge of a hand or cutting down a hand by cutting down a hand, which is significant in such process.