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(영문) 광주고등법원 (전주) 2015.12.08 2015노168
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below rejected the statements made by the victim with credibility and acquitted him of the facts charged in this case. The court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. The court below found the Defendant not guilty of the facts charged in this case on the ground that, according to the evidence consistent with the facts charged in this case, the Defendant’s statement was made by the victim as evidence, but the Defendant moved to the front door of the bus to the door door of the bus in order to get off the bus, knife the pole by the victim’s direct back, and contacted the transportation card with the left hand by the victim’s hand, and in the process, the Defendant was aware of the victim’s head by avoiding the victim’s head by contact with the victim’s head, and it was difficult to eliminate the possibility of the victim’s statement by misunderstanding the above behavior.

Examining the reasoning of the judgment below in comparison with records, the above judgment of the court below is just and acceptable, and there is no error as alleged by the prosecutor, so the prosecutor's assertion of mistake of facts is without merit.

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

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