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(영문) 대구지방법원 2018.07.27 2018노578
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the victim's statement, etc. of the gist of the grounds for appeal, although it can be acknowledged that the defendant had the intention to commit an indecent act by force at the time of the instant case, the judgment of the court below which acquitted the defendant of the facts charged in this

2. The lower court, based on the detailed circumstances in the “2. Determination” item of the judgment, found that the evidence presented by the prosecutor concerning the Defendant’s intentional act was proven to the extent that the judge could not have reasonable doubt.

For the reason that it is difficult to see it, the instant facts charged was acquitted.

In a thorough examination of the above judgment of the court below in light of the records of this case, the judgment of the court below is just and acceptable, and there is an error of law by mistake of facts as pointed out by the prosecutor.

subsection (b) of this section.

Therefore, this part of the prosecutor's argument is without merit.

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

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