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(영문) 수원지방법원 2016.04.07 2015노3045
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. A prosecutor's appellate brief of the grounds for appeal (misunderstanding of facts) was forced by the F to commit an indecent act against the defendant;

The credibility of G and G statements can be recognized in full view of the following: “The CCTV images shown in F have consistently stated that “The Defendant saw his her her her her her her her her her her m,” and the fact that the Defendant can confirm his her her her her her her son’s her part in the direction of the victim’s her her son’s her her bm in the CCTV screen.”

Nevertheless, the court below rejected the credibility of F and G statements without reasonable grounds and found the Defendant not guilty of the facts charged in this case, thereby misleading the facts, thereby affecting the conclusion of the judgment.

2. The lower court determined as follows: (a) it is difficult to believe F and G’s statement as it is; and (b) it is insufficient to recognize that the Defendant’s indecent act was committed by force because the CCTV screen is her mack, and there is no other evidence to acknowledge it.

In light of the evidence duly admitted and examined by the court below, the above judgment of the court below is justified and there is no error as alleged in the grounds of appeal.

3. The appeal by the prosecutor of the conclusion 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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