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The prosecutor's appeal is dismissed.
Reasons
1. A summary of the grounds for appeal by the prosecutor (misunderstanding the facts), that the victim F (22 years old, 22 years old, 20) was involved in the victim's chests twice by the defendant who was seated on the side of the bus from the investigative agency to the court of original trial;
In light of the fact that the victim consistently stated the facts of damage, and the fact that the victim appeared during the time that the victim appeared to the state of the victim's damage, there is credibility of the victim's statement. Thus, the defendant can sufficiently recognize the fact that the victim committed indecent act on the bus as stated in the facts charged.
Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment by rendering a not guilty verdict of the facts charged in this case.
2. The lower court determined that the evidence alone is insufficient to recognize that the Defendant intentionally committed an indecent act on the part of the Defendant, and that there was no other evidence to acknowledge it, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, while there was a statement at F’s investigative agency and the lower court’s court’s court as evidence consistent with the facts charged of the instant case, and there was no other evidence to acknowledge it.
① At the investigative agency and the lower court’s court, F, “I am at the radius of 6:0 p.m. on the new wall of the day of the instant case, was locked immediately after getting on the E seat bus in order to go to a school, and immediately locked, but she saw that put to put in put in put, put in put on the side, and she was flicking on the right chest, and the Defendant was flicked with a earphone in a pipe.
The defendant stated that he was able to see whether or not he was F or not, and when ten minutes have passed, he or she was able to see that he or she was able to see that he or she was able to see that he or she was able to see his or her loss because he or she was flick.
In that sense, even if based on the F’s above statement, the F does not seem to be only the first and the second.