아동ㆍ청소년의성보호에관한법률위반(강간등)
The prosecutor's appeal is dismissed.
1. The gist of the grounds of appeal (misunderstanding of facts) is as follows: (a) the victim’s statement that the victim was damaged as stated in the facts charged of the instant case is specific and consistent with the core contents, such as the content and degree of the assault; (b) the circumstances in which the victim was forced to be off and pressured
The part in which the victim’s statement is somewhat inconsistent is a minor part, and it is only natural phenomenon that his memory is terminated by confusion or confused with other memory at the time when about 7 months and 10 months have elapsed since the occurrence of the case. The defendant himself/herself at the time of the victim’s sexual intercourse with the victim, the mother of the victim himself/herself has been forced at the time of the victim’s sexual intercourse with the victim, there is no hostile request made by the victim for the change of the victim’s sexual intercourse with the victim. If the victim’s sexual intercourse with the victim by agreement, it is reasonable to discuss future countermeasures after the victim’s pregnancy. However, the victim did not contact with the victim and the defendant even though it was normal to discuss the victim’s future measures. In light of the fact that the victim was unable to contact the defendant after rape from the Defendant, and the victim’s false response was made to the defendant as a result of the examination at the time of detection. The defendant’s statement is false, and the victim’s statement is credibility.
Therefore, the judgment of the court below that acquitted the defendant, even if the facts charged in this case are fully recognized, is erroneous.
2. Determination
A. In full view of the following facts and circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that it was difficult to believe the victim’s statement as it is, and that the remaining evidence submitted by the prosecutor alone was insufficient to recognize the facts charged in the instant case that the Defendant had sexual intercourse by coercing the victim’s resistance due to assault and intimidation.
(1) The victims shall consistently comply with the details and time of crimes and other important parts.