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(영문) 부산지방법원 2020.01.17 2019노1781
강제추행등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the fact that the defendant forced the victim to commit an indecent act twice as stated in this part of the facts charged can be sufficiently recognized.

Nevertheless, the judgment of the court below that acquitted the facts charged is erroneous and adversely affected by the conclusion of the judgment.

B. Legal principles (Fraud) that the victim prepared a real estate sales contract is transferring the ultimate right to dispose of the real estate 1/2 shares as stated in this part of the facts charged, and can be seen as a disposal act in fraud, and it is reasonable to view that the Defendant newly acquired the pecuniary benefits due to the above act.

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misapprehending the legal principles and affecting the conclusion of the judgment.

2. Determination

A. In light of the circumstances as indicated in its reasoning, the lower court acquitted the Defendant of this part of the facts charged on the ground that it is difficult to view that the evidence presented by the prosecutor alone was proven without reasonable doubt that the Defendant committed an indecent act against the victim as stated in this part of the facts charged.

Examining the above judgment of the court below after comparing it with records, the judgment of the court below is justified, and contrary to the prosecutor's assertion, there is no error of law by misunderstanding facts, which affected the conclusion of the judgment.

Therefore, this part of the prosecutor's argument is without merit.

B. The judgment of the court below on the misapprehension of legal principles (Fraud) shall be based on the following facts: (i) the victim’s seal affixed to the sales contract cannot make the Defendant gain any pecuniary benefit; and (ii) the Defendant shall not be accurately aware of what the “receiving right” as stated in the facts charged is, but ownership of the Defendant.

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