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The prosecutor's appeal is dismissed.
Reasons
Examining the summary of the grounds for appeal (misunderstanding of facts) and the following circumstances, the Defendant F (hereinafter referred to as “victim”).
agency shall be deemed to have committed an indecent act in this section.
① 피해자가 수사기관에서 “ 엉덩이 부분에 가방과 같이 딱딱한 물체가 아니라 사람의 신체처럼 물컹거리는 것이 닿았다.
The son was frightd by male sexual intercourse.
The term “the damage” clearly states the damage.
② Control police officers G also put his position immediately after the occurrence of the victim and put him on his position and put him any inconvenience to the victim in the court of original instance in investigative agency and court of original instance.
The reasons for the determination that “an indecent act” was an indecent act were explained.
③ In view of the fact that enforcement officers could have seen the Defendant’s attitude, location, backward space, etc., it seems that the electric boom was not set to the extent that the body cannot be moved at all at the time of committing the crime.
2. In full view of the reasons for innocence as revealed by the lower court and the following circumstances acknowledged by the evidence examined by the lower court and the appellate court, the sole evidence submitted by the prosecutor alone is insufficient to ensure the conviction of the facts charged.
The lower court’s determination is correct.
① At the time of the instant case, there were many victims in the appellate court’s trial as to the situation inside the preceding vehicle.
They entered the opposite side of the subway door in the direction of Gangnamn subway, but did not seem to be followed.
It was rarely rare.
“.....”
The defendant was also complicated in investigative agencies and courts.
Some women's portion was unable to get off from the Seocho Station and mixed to the extent that they were forced to get off from the river basin.
“Alongly speaking,” the term “.
In light of the fact that the perception of the situation between the victim and the defendant was the same, the inside of the previous vehicle at the time of the instant case is considerably concentrated and there is a possibility of inevitable physical contacts.