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(영문) 서울남부지방법원 2020.11.30 2020노721
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, such as the victim's specific and consistent statement in the summary of the grounds for appeal, the court below acquitted the Defendant of the facts charged in this case, but it erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. In light of the circumstances stated in its holding, the lower court acquitted the Defendant of the instant facts charged on the ground that it is difficult to deem that the evidence submitted by the prosecutor alone alone alone proves that the Defendant had intention to commit an indecent act beyond a reasonable doubt.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just, and contrary to the prosecutor's assertion, the court below did not err by misapprehending the facts and affecting

Therefore, prosecutor's assertion 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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