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(영문) 서울남부지방법원 2021.01.12 2020노1793
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. In full view of the evidence, such as the field ctV images and the statements of the victim, the Defendant contacted the body parts of the victim who may cause a sense of sexual shame, and even if the Defendant was aware of the intent of forced indecent acts, the lower court erred by misapprehending the facts and acquitted the Defendant.

2. In light of the circumstances stated in its reasoning, the lower court, based on the evidence presented by the prosecutor, proves that the Defendant had an intention to commit an indecent act by force, was beyond a reasonable doubt.

It is difficult to see

The decision was determined.

In light of the records, a thorough examination of the judgment of the court below is just, and the prosecutor's assertion as to it is without merit.

The prosecutor asserts that the defendant's act of drilling and intention to do so has already been recognized only by the private act itself on the part of the victim's shoulder.

Even if the Defendant is deemed to have been prosecuted for committing an indecent act, in light of the following circumstances and facts revealed by the evidence duly admitted and investigated by the lower court, namely, the Defendant, who was walking along the way to order the victim, appears to have done this act in the meaning of refusing the victim’s favor, and the victim’s attitude after the position of the victim (the victim’s intention to immediately immediately issue the order again to the Defendant), etc., the Defendant also had the intention to commit an indecent act by force against the Defendant.

It is difficult to see it.

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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