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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal (definites) ① In regard to the second indecent act, the facts charged are recognized in view of the following: (a) the victim’s statement is consistent; and (b) according to CCTV images, the Defendant’s behavior to deceive many and unspecified women’s body is confirmed and the Defendant’s intent to commit indecent act is recognized.
② With respect to the first indecent act, this part of the facts charged is also recognized in view of the following: (a) the victim’s statement is consistent; (b) the witness’s statement conforms to the victim’s statement; and (c) the Defendant also acknowledges the fact that the first indecent act was committed.
2. Determination
A. The lower court determined that this part of the facts charged is not guilty on the ground that it is difficult to recognize the Defendant’s intentional act on the part of the victim, on the ground that CCTV images did not confirm properly the fact that the Defendant caused the victim’s bucks and sucks with the floor of hand, and even if the Defendant’s knife the victim’s body, considering the Defendant’s startingline, action, etc., it is difficult to recognize
In light of the records, a thorough examination of the evidence duly adopted and examined by the court below is conducted, the court below's finding the defendant not guilty of the facts charged of this case on the grounds as stated in its holding, and there is no error of law by mistake of facts as alleged by the prosecutor
This part of the prosecutor's argument is without merit.
B. The judgment of the court below on the first indecent act is just because the defendant's position at the time of the first indecent act is different from the victim's legal statement of witness at the time of the second indecent act, and there is a possibility of contact with other persons than the defendant. Even if there was a physical contact between the defendant and the victim, the possibility that the defendant had contacted the victim's body without the victim's intention cannot be ruled out.