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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the grounds for appeal is as follows: (a) the victim stated that the defendant who was in a position next to the victim's specific and consistent manner was forced to commit an indecent act with intent by the defendant, taking full account of the following: (b) the defendant stated that he was held several times of loss by hand; and (c) the person on the surface of the water did the above act with intent to commit an indecent act with intent, in light of the fact that it goes against the rule of experience.
Therefore, the judgment of the court below that acquitted the facts charged of this case is erroneous.
2. Determination
A. The lower court determined that “The Defendant’s fingers, according to the consistent statements of E, are viewed to have contacted the E’s sexual organ at the time of the instant case.
However, the following circumstances acknowledged by the evidence adopted and examined by the lower court, namely, ① the Defendant, from the investigative agency to the lower court, was using the body of E, as the Defendant appeared to have been seated in a singular wave, and the body of E took place from the investigative agency to the lower court.
The E has consistently denied the facts charged by consistently denying the E’s sexual organ part. ② At the lower court, the E was “A himself, but he was not locked,” and the Defendant was seated next to it.
After the lapse of time, the defendant 20 to 30 seconds of her sexual organ were born by embarracing her sexual organ into the body of inspection, and the defendant was playing as if he had never been able to her sexual organ.
The statement to the effect that “A” was stated in the lower court; 3 The F stated in the lower court that “E and the Defendant were knee in the sofion before the instant case, and that the Defendant was in a elbow part of the Defendant’s arms.” (4) At the lower court, G was kneeing between the Defendant and E, and at the time, the Defendant was kneeing.
Since then, the defendant's person has been sing in a series of singing.