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(영문) 서울북부지방법원 2014.10.16 2014노823
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the consistent statement of the gist of the grounds of appeal by the victim C, the fact that the defendant's family members resisted the defendant's indecent act by compulsion immediately after the occurrence of the instant case, the court below found the defendant not guilty on the ground that the defendant had committed an indecent act by compulsion.

2. In a criminal trial, the burden of proof for the facts constituting an offense prosecuted is to be borne by the public prosecutor, and the conviction of guilt is to be based on the evidence of probative value, which makes the judge feel true beyond a reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it is inevitable to determine it with the benefit of the defendant.

(1) The lower court’s determination that the instant facts charged cannot be deemed proven without reasonable doubt, based on its stated reasoning, is justifiable and acceptable. In so doing, the lower court did not err by misapprehending the legal doctrine regarding the facts charged in the instant case, since there was no new evidence to prove the facts charged in the instant case, and the lower court did not err by misapprehending the legal doctrine regarding the facts charged in the instant case. In so doing, it did not err by misapprehending the legal doctrine on the grounds that there was no new evidence to prove the facts charged in the instant case at the trial.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, the judgment of the court below Nos. 2 and 3 of the 2nd part of the judgment of the court below is clearly erroneous entry that "the loss of the victim's left chest by drinking the victim's chest, and the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife the

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