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(영문) 서울서부지방법원 2020.08.24 2020노11
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the following facts: (a) the victim’s statement in the gist of the grounds for appeal is very specific and consistent from the police investigation to the court below’s judgment; (b) the victim’s statement is highly reliable and consistent; (c) black boxes, images and sound consistent with such statement; (d) the Defendant’s fixed training reaction on the part of the Defendant; and (e) the Defendant’s defense is not consistent, it may be sufficiently recognized that the

Therefore, the judgment of the court below which acquitted the defendant.

2. The lower court rendered a not guilty verdict on the Defendant on the grounds that the evidence submitted by the prosecutor alone was insufficient to recognize that the Defendant committed the instant crime on the grounds as stated in its reasoning.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just and there is no error of law by mistake of facts alleged by the prosecutor.

3. The prosecutor's appeal of 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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