(영문) 대전지방법원 2016.05.18 2015노3780 | 리걸엔진

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(영문) 대전지방법원 2016.05.18 2015노3780

강제추행

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the following facts: (a) the Defendant could be able to properly handle the front chairs at the time of the instant case; (b) the victim was close to the victim without any special reason; and (c) the method of contact was difficult to see it as well as the victim did not immediately express her thoughts even though he did not have any problem, the Defendant should be deemed to have been s/he intentionally engaged in the conduct of drilling, but the lower court acquitted the Defendant of the facts charged in the instant case. In so doing, the lower court erred by misapprehending the facts.

2. The facts directly correspond to the facts charged in the instant case, even if based on the statement made by the police of the victim and witness, only the part that “the defendant was attached to the defendant, and the remaining part is that the victim or witness was in the crosswalk with the defendant, and the defendant’s attitude immediately before or after the occurrence of the instant case. Thus, it is insufficient to recognize that the defendant’s hand in contact with the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with the victim

B. It can not be ruled out that the victim did not immediately resist the defendant, and immediately after that, there is a possibility that the defendant would have committed an indecent act against himself due to the action of the defendant.

Therefore, the evidence produced by the prosecutor alone proves that the facts charged in this case were proven without reasonable doubt.

Therefore, the judgment of the court below that acquitted the defendant on the facts charged of this case is just and there is no error of mistake as to the facts pointed out by the prosecutor.

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

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