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(영문) 대전고등법원 2017.08.18 2017노231
아동ㆍ청소년의성보호에관한법률위반(위계등추행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Even though the prosecutor's evidence submitted by the summary of the grounds for appeal can sufficiently recognize the facts charged, the court below found the defendant not guilty. In so doing, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The lower court, based on the evidence adopted, acknowledged facts as indicated in its reasoning, and subsequently, found the statements of the victim and theO that correspond to the facts charged at the site

It is difficult to recognize credibility by being contrary to the statements and objective circumstances of P, Q, U, N, etc., and there is no other evidence to prove the facts charged, and the defendant was proved without reasonable doubt that he/she committed violence, prosecution, or intimidation against the victim.

The court determined that it could not be seen.

In full view of the evidence duly admitted and investigated by the court below, the judgment of the court below is just and acceptable, and it erred by misapprehending the facts and affecting the conclusion of the judgment.

subsection (b) of this section.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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