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(영문) 서울중앙지방법원 2019.06.07 2018노2191
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) is that the Defendant committed an indecent act against the Defendant, inasmuch as her body part, which is the part of the victim’s body inside and outside of the victim, has been her upper part by hand.

2. On August 3, 2017, around 18:10 on August 3, 2017, the Defendant discovered the victim D and the victim D (38 years old) within the subway train operating subway stations located in Seocho-gu Seoul, Seocho-gu, Seoul, and attached even on the left side of the victim when the electric vehicle arrives in the C Station, and the passengers falling under the C Station arrive at the C Station, and the victim’s left side with his hand-hand son by making use of the gap mixed around him.

3. The court below and the court below found the defendant not guilty on the ground that it is difficult to prove that there is no reasonable doubt as to the fact that the defendant committed an indecent act against the victim as stated in the facts charged, and the evidence submitted by the prosecutor alone is insufficient.

Examining the evidence of this case in light of the record, it is just for the court below to determine innocence based on the evidence judgment as stated in its holding, and there is no illegality affecting the judgment by misunderstanding the facts to the court below.

The prosecutor's assertion of mistake is without merit.

4. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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