2019Do3443 Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

Indecent Acts in this section)

A

Prosecutor

He/she shall file a prosecution, Kim Jong-hun (Trial)

Law Firm Jin case, Attorneys Han Tae-won

Seoul Central District Court Decision 2019Gohap1027 Decided October 11, 2019

June 26, 2020

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

Although the defendant was found to have committed an indecent act against the victim by having contacted the victim's her maret with the victim's mares attached to the mixed subway train, the judgment of the court below which acquitted the defendant of the facts.

2. Determination:

The court below found the defendant not guilty on the ground that the evidence submitted by the prosecutor alone is insufficient to have proved to the extent that there is no reasonable doubt as to the fact that the defendant committed an indecent act on the part of the defendant, considering the fact that the victim's statement was not secured, the image taken by the defendant at the time alone is not clear as to whether the defendant had committed the same act as the facts charged, and it appears that the police officer, the defendant's body, as the police officer, could have difficulty witness the above image more than the face taken by the defendant, and even if the body of the defendant contacted the body of the victim, there is an inevitable physical contact between the victim, even if the body of the defendant was in contact with the body of the victim, the evidence submitted by the prosecutor alone cannot be deemed to have been proven to the extent that there is no reasonable doubt as to the fact that the defendant committed an indecent act on the part of the victim. In light of the records of the evidence of this case, the above judgment of the court below is justified,

Therefore, the prosecutor's above assertion is without merit.

3. Conclusion

Therefore, the prosecutor's appeal 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.

For the presiding judge and judge;

Judges Cho Jae-dae

Judge Fixed Number