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The prosecutor's appeal is dismissed.
Reasons
1. According to the evidence submitted by the prosecutor, although the defendant could fully recognize the fact that the defendant committed an indecent act by force as stated in the facts charged of this case, the judgment of the court below which judged otherwise and acquitted the defendant of the facts.
2. In a judgment of conviction in a criminal trial, the conviction shall be based on evidence with probative value, which makes it possible for a judge to have a reasonable doubt that the facts charged are true beyond a reasonable doubt (Article 307(2) of the Criminal Procedure Act). If there is no such proof, the conviction cannot be judged even if the defendant is suspected of guilty (see, e.g., Supreme Court Decisions 2001Do2823, Aug. 21, 2001; 2005Do8675, Mar. 9, 2006). On the grounds stated in its reasoning, the lower court, on the grounds indicated in its reasoning, it is difficult to believe that the victim’s statement, which is a direct evidence consistent with the facts charged of the instant case, is not proven to the extent that there is no reasonable doubt solely with the other evidence submitted by the prosecutor.
The facts charged in this case were found not guilty on the ground that there is no other evidence to acknowledge it.
In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below as to the instant case in accordance with the above legal principles, the judgment of the court below is just and there is an error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the prosecutor.
subsection (b) of this section.
(1) The injured party was the victim before the accused commits an indecent act at the lower court’s trial, but the accused did not return to his own position on the job in which the accused, the injured party, and G were jointly located, but the accused did not return to the lower court.
The defendant's hearing of the victim's chill, without shouldering, and the defendant's behavior has not been on the part of the victim.