성폭력범죄의처벌및피해자보호등에관한법률위반(친족관계에의한강제추행)등
The prosecutor's appeal is dismissed.
1. According to the evidence submitted by the prosecutor of the gist of the grounds for appeal, the court below found the defendant not guilty even though the defendant could sufficiently recognize the fact that the defendant committed an indecent act against the victim under the age of 13, as in the facts charged in this case, by force.
2. Determination
A. The lower court determined that, in light of the following circumstances: (a) the victim’s statement made in a relatively specific and consistent manner in an investigative agency and the lower court’s trial; (b) partially supported by the victim’s statement F and G’s parent’s statement; and (c) there is no special reason or motive to harm the Defendant at the latest by manipulating the victim’s indecent act from his relatives at the time when he was committed; (c) however, there is considerable doubt that the victim was not subjected to indecent act from the Defendant, such as the victim’s statement; (d) it is difficult to view that the victim’s statement made in an indecent act three times at the time when he left 3 years old and 11 months old, has probative value to the extent that there is no reasonable doubt about the authenticity and accuracy of the statement made in relation to the time and place; and (e) the F and G’s statement was either based on the victim’s statement or its independent probative value sufficient to acknowledge the facts charged; and (e) there is insufficient evidence to acknowledge the Defendant at a specific time and place different from the facts charged.
B. The court below's judgment of the court below has probative value of the victim's statement in the judgment.