2019Do2973 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts in this section)

A

Prosecutor

In order to file prosecutions, Kim Jong-hun (Trial)

Attorney Lee Dong-young (National Assembly)

Seoul Central District Court Decision 2019Gohap262 Decided September 3, 2019

2020, 5,29

The prosecutor's appeal is dismissed.

1. Summary of the grounds for appeal;

According to the victim's statement, although the defendant was found to have committed an indecent act against the victim, the judgment of the court below which acquitted the defendant.

2. Determination

The court below stated in Paragraph 2 of the judgment in detail the judgment on the facts charged of this case, and sentenced not guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to prove the facts charged to the extent that there is no reasonable doubt.In light of the records, the court below's aforementioned judgment is just and acceptable, and it is not recognized that the court below erred in mistake of facts as pointed out by the prosecutor.

Therefore, prosecutor's assertion is without merit.

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

For the presiding judge and judge;

Judges Cho Jae-dae

Judge Fixed Number