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The prosecutor's appeal is dismissed.
Reasons
1. Summary of prosecutor's grounds for appeal;
A. In full view of the fact that misunderstanding of facts D consistently makes a statement from the police to the court of the court below regarding the Defendant’s crime of indecent act by compulsion, it is natural to explain that D’s failure to make a proper report on the part of indecent act by compulsion on account of fear of retaliation when the Defendant was discovered while reporting the crime of indecent act by compulsion in 112, and even based on the description of the investigation report (field status, etc.), D’s statement is credibility.
Nevertheless, the court below rejected the credibility of D’s statement and rendered a not-guilty verdict on the charges of indecent act by compulsion, thereby erroneous determination of facts.
B. In light of the fact that the Defendant was sentenced to criminal punishment for fraud and that the Defendant did not recover from damage, the lower court’s sentence imposing a fine of KRW 2 million is too uneasible and unreasonable.
2. Determination
A. In order to reverse the judgment of the court below that rejected the credibility of D’s statement, which is a evidence supporting the facts charged of the instant indecent act by compulsion, the judgment of the court below should be sufficient and reasonable. However, even considering the circumstances required in the grounds of appeal, it does not appear that the judgment of the court below is a circumstance to the extent that it can not be acceptable, such as where most of the circumstances were already pointed out during the trial process of the court below and considered in the process of the judgment of the court below.
This is the following circumstances that can be recognized by the court below by integrating the evidence duly admitted and examined by the court below, that is, D in the police police, "the defendant wanted to have the defendant sit next to the author and therefore, he sent the Does and studs and studs.
I have been bound to this effect.
The defendant first 40 minutes.