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(영문) 대구지방법원 2020.10.13 2019노4292
준강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal that the statements made by the victim and the victim D for male-child arrest are consistent with the facts charged, and the victim has a low possibility of false intervention in the process of landing the offender, there is sufficient proof to prove the facts charged, but the court below erred by misapprehending the facts.

2. The lower court determined that the statement of the victim’s investigative agency and the court of the lower court in the part on “judgment” alone cannot be deemed to have been proven without any reasonable doubt that the Defendant committed an indecent act by force against the victim as stated in the facts charged, and that the statement of the witness D’s investigative agency and the court of the lower court in the investigative agency and the court of the lower court are based on the full text from the victim or difficult to accept in light of the empirical rule, the remaining evidence submitted by the prosecutor, including

Examining the reasoning of the court below compared with the records, the above judgment of the court below is just, and there is no error of mistake of facts alleged by the prosecutor.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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