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(영문) 서울남부지방법원 2020.11.17 2020노85
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of relevant evidence such as the summary of the grounds for appeal (fact-finding, misunderstanding of legal principles) and the statement of the victim, etc., the judgment below which acquitted the defendant, despite the fact that the defendant, who is a male victim, attempted to take a female victim who is not well aware of at night, as a hand, despite the victim's intention to drive away from the victim and let the victim knife so that indecent act by force was recognized, is erroneous in matters of mistake

2. In full view of the evidence adopted and examined by the court below, the court below presented a detailed statement of the reasons for the decision in Paragraph 2 of the court below's decision, and made a statement by using the written opinion dated October 24, 2019, which was accepted by the defendant on the first day of the court below's statement in this court, that the defendant had contacted with the victim as stated in the facts charged, and that the defendant did not have any intention, but did not have any memory.

On the other hand, although the written opinion of October 24, 2019, it was written that all the facts charged were accepted, it was written that there was no intention to commit an indecent act at all.

(1) In light of the records of this case, the court below's determination is just and acceptable, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as to the prosecutor's assertion in light of the records of this case. It is hard to conclude that the defendant's act constitutes an indecent act as an act that causes sexual humiliation or aversion to the general public and contrary to good sexual morality. The facts charged in this case are hard to be proved to the extent that there is no reasonable doubt.

Therefore, prosecutor's assertion is groundless.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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