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(영문) 서울고등법원 2015.04.30 2015노214
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although the victim's statement can be sufficiently reliable, the judgment of the court below that found the victim's statement not guilty of the facts charged of this case by erroneous determination as to the credibility of the victim's statement was erroneous and adversely affected by the judgment.

Judgment

In full view of the circumstances in its reasoning that the jury adopted the verdict of innocence based on the unanimous opinion of the unanimous opinion by the jury through the participatory trial and the evidence duly adopted and examined under the title "2. Judgment," the court below held it difficult to conclude that the evidence alone submitted by the prosecutor alone was proven to the extent that it is beyond a reasonable doubt, and found the facts charged of this case not guilty.

In light of the evidence duly adopted and examined by the court below, the above determination by the court below is just and acceptable. Thus, there is no error of law by mistake of facts as alleged by the public prosecutor in the judgment below.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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